{
  "id": 8554932,
  "name": "STATE OF NORTH CAROLINA v. JESSIE DANIEL SMITH",
  "name_abbreviation": "State v. Smith",
  "decision_date": "1973-10-10",
  "docket_number": "No. 7314SC547",
  "first_page": "578",
  "last_page": "579",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 578"
    }
  ],
  "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": [
    {
      "cite": "197 S.E. 2d 513",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "283 N.C. 617",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8559688
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/283/0617-01"
      ]
    }
  ],
  "analysis": {
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    "pagerank": {
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    "sha256": "506815d2e9b7f6713435a61b67b8666cb8b98a57468e64cedd08b89e06ac5274",
    "simhash": "1:1759c138e1ac546d",
    "word_count": 445
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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 Vaughn concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JESSIE DANIEL SMITH"
    ],
    "opinions": [
      {
        "text": "PARKER, Judge.\nThe trial judge in charging the jury correctly called attention to the defendant\u2019s evidence that on the date the State\u2019s witness testified the offense was committed, the defendant had been engaged in the duties of his employment at places some distance away from the place where the State\u2019s evidence indicated the unlawful sale of heroin had been made. However, no specific instruction was given the jury as to the legal principles applicable in their consideration of this alibi evidence. Since defendant\u2019s trial commenced prior to the date of filing the opinion in State v. Hunt, 283 N.C. 617, 197 S.E. 2d 513, he was entitled to such instruction notwithstanding his failure to request it. On account of the court\u2019s failure to so charge, defendant is awarded a\nNew trial.\nJudges Campbell and Vaughn concur.",
        "type": "majority",
        "author": "PARKER, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Associate Attorney General Howard A. Kramer for the State.",
      "Paul, Keenan & Rowan by James V.' Rowan for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JESSIE DANIEL SMITH\nNo. 7314SC547\n(Filed 10 October 1973)\nCriminal Law \u00a7\u00a7 113, 119\u2014 evidence of alibi \u2014 specific instruction required\nThough the court in its charge to the jury called attention to defendant\u2019s evidence that he was engaged in the duties of his employment on the date the State\u2019s witness testified the offense was committed, the court failed to instruct the jury as to the legal principles applicable in their consideration of the alibi evidence, and defendant was entitled to such an instruction notwithstanding his failure to request it.\nAppeal by defendant from Webb, Judge, 5 March 1973 Session of Superior Court held in Durham County.\nDefendant was indicted for the felonious distribution of heroin. He pled not guilty. The State introduced evidence that at 1:15 p.m. on 11 April 1972 defendant sold and delivered four tinfoil packets containing heroin to an undercover agent, who at the time was seated in his parked car on North Hyde Park about 15 feet from Elmo Street in Durham, N. C. Defendant denied he had ever sold any heroin or had seen the undercover agent at .any time in April. He testified that on 11 April 1972 he was at his job as a truck driver .for Boyce Supply Company, that on that day he drove a truck to make deliveries to Chapel Hill and to a street near Hope Valley at a point on the other side of town from North Hyde Park and Elmo Streets, and that during such time as he was not driving he was .at the yard of his employer. The jury found defendant guilty of felonious distribution of heroin. From judgment imposing a prison sentence, defendant appealed.\nAttorney General Robert Morgan by Associate Attorney General Howard A. Kramer for the State.\nPaul, Keenan & Rowan by James V.' Rowan for defendant appellant."
  },
  "file_name": "0578-01",
  "first_page_order": 602,
  "last_page_order": 603
}