{
  "id": 8554911,
  "name": "STATE OF NORTH CAROLINA v. ADLAI STEVENSON MOORE",
  "name_abbreviation": "State v. Moore",
  "decision_date": "1973-10-10",
  "docket_number": "No. 7315SC556",
  "first_page": "575",
  "last_page": "577",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 575"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 4313,
    "ocr_confidence": 0.568,
    "sha256": "40fe548f7ad1b07eb95e93298c371f989e712917b9755c6e2479ac6dee272c55",
    "simhash": "1:d7b1e1090e3ddfb2",
    "word_count": 726
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  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Parker concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. ADLAI STEVENSON MOORE"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nDefendant\u2019s only contention is that the trial court erroneously assumed \u201cthat it had been established beyond power of the jury to find to the contrary that the defendant intentionally pointed the weapon at the prosecuting witness on the second occasion?\u201d The trial court\u2019s instructions contained the following admonitions:\n\u201cThus, I charge you that if you find from the evidence and beyond a reasonable doubt that on or about the 8th day of July, 1972, Adlai Stevenson Moore assaulted Glenn (sic) Tickle by intentionally pointing a thirty-eight caliber pistol at her, and thereby inflicted serious bodily injury upon the said Glenn (sic) Tickle ... it would be your duty to return a verdict of an assault with a deadly weapon inflicting serious bodily injuries. . . .\nIn the case of an assault with a deadly weapon, it would be necessary to find that the defendant acted intentionally in pointing the pistol; . . .\u201d (Emphasis added.)\nIn an earlier portion of the instructions, the court stated that a verdict of guilty would necessitate a finding that \u201cthe defendant assaulted Glenn (sic) Tickle intentionally.\u201d (Emphasis added.)\nWe hold that the court\u2019s instructions were adequate and that defendant\u2019s trial was free from prejudicial error.\nNo error.\nJudges Campbell and Parker concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Edwin M. Speas, Jr., Associate Attorney, for the State.",
      "Latham, Pickard, Cooper & Ennis by M. Glenn Pickard for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. ADLAI STEVENSON MOORE\nNo. 7315SC556\n(Filed 10 October 1973)\nAssault and Battery \u00a7 15 \u2014 intentional pointing of weapon \u2014 sufficiency of instructions\nIn a prosecution for assault with a deadly weapon with intent to kill inflicting serious injury, the trial court\u2019s instructions with respect to an intentional pointing of the gun by defendant were adequate.\nAppeal by defendent from Bailey, Judge, 2 April 1973 Session of Superior Court held in Alamance County.\nDefendant was indicted and placed on trial for assault with a deadly weapon with intent to kill, inflicting serious bodily injury.\nDefendant and Donna Lynn Tickle, the victim of the alleged assault, were employed at Huey\u2019s Barbecue in Glen Raven, North Carolina. Tickle testified that while she was cleaning the dining room tables on the morning of 8 July 1972, she asked defendant if he was afraid to work at night. Defendant pulled a pistol out from under a counter and replied, \u201cNot as long as I have this.\u201d Defendant then pointed the loaded pistol at Tickle\u2019s face and pulled the trigger. The pistol did not fire. Defendant again pulled the trigger and shot Tickle in the face and neck. She was taken to the hospital and has undergone surgery as a result of her wounds.\nOn cross-examination defendant stated:\n\u201cI intentionally picked up the pistol. No one forced me to. Lynn asked me to put the pistol up that it was loaded. I knew it was loaded. I didn\u2019t point the pistol at Lynn Tickle\u2019s head. I cocked the gun the first time. The first time I pointed the gun, I didn\u2019t point at any particular part of her body. I just pointed it at her. As to my intentionally pulling the trigger, I knew it wouldn\u2019t go off. I intentionally pulled the trigger. Nobody pushed me. She came and told me again to put the pistol up. I don\u2019t think I said anything to her. I didn\u2019t point the gun at her head again. She then turned facing me. The second time I didn\u2019t intentionally point the gun at her. I did it. I wasn\u2019t pointing at any part of her body. I was just pointing.\u201d\nBoth the State and the defense offered evidence tending to show that someone had told the owner of the restaurant defendant had been kissing another employee and that defendant at one point believed that Tickle had \u201ctold on\u201d him.\nWhen the State rested, defendant moved for a nonsuit. The court granted the motion with respect to the charge of assault with a deadly weapon with intent to kill inflicting serious bodily injuries. The jury was instructed that it might return a verdict of either guilty of assault with a deadly weapon inflicting serious injury or guilty of assault with a deadly weapon or not guilty. The jury found defendant guilty of assault with a deadly weapon inflicting serious bodily injury. From a judgment imposing an active prison sentence of five years, defendant appealed.\nAttorney General Robert Morgan by Edwin M. Speas, Jr., Associate Attorney, for the State.\nLatham, Pickard, Cooper & Ennis by M. Glenn Pickard for defendant appellant."
  },
  "file_name": "0575-01",
  "first_page_order": 599,
  "last_page_order": 601
}