{
  "id": 8555802,
  "name": "STATE OF NORTH CAROLINA v. GENE ALSTON EVANS",
  "name_abbreviation": "State v. Evans",
  "decision_date": "1973-11-14",
  "docket_number": "No. 7310SC728",
  "first_page": "731",
  "last_page": "734",
  "citations": [
    {
      "type": "official",
      "cite": "19 N.C. App. 731"
    }
  ],
  "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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  "last_updated": "2023-07-14T21:32:34.966448+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Hedrick and Baley concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. GENE ALSTON EVANS"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nDefendant relied upon his contention and argument that he acted in self defense. Defendant specifically requested an instruction upon the principle of self-defense. The trial judge denied the requested instruction and instructed the jury as follows : \u201cI instruct you, that the principle of self-defense, the plea of self defense, under the circumstances in this case, is not available to the defendant; and that you will not consider whether the defendant acted in his own self defense, or in the defense of the house in which he lived.\u201d Defendant assigns this as error.\nThe right of self-defense does not necessarily depend upon real or actual danger. The right to act in self-defense may arise from apparent danger. 1 Strong, N. C. Index 2d, Assault and Battery, \u00a7 8, p. 300.\nIn this case, according to defendant\u2019s evidence, Watson had given defendant $45.00 for which defendant was going to secure an eight-track tape player and some tape cartridges. Defendant had spent the $45.00 on drugs and had not delivered the tape player. Defendant was told that Watson was looking for him and had a pistol. Defendant saw Watson parked across the street from defendant\u2019s house with a pistol on the seat beside him. Defendant saw Watson return to the scene with either a shotgun or rifle. Defendant was afraid of Watson and fired a rifle at Watson\u2019s vehicle to make him leave.\nThe defendant\u2019s appraisal of the situation is not controlling upon the question of his right to act in self-defense. The reasonableness of his apprehension is to be determined by the jury in accordance with the facts and circumstances as they appeared to the defendant at the time. 1 Strong, N. C. Index 2d, Assault and Battery, \u00a7 8, p. 300.\nIn our view the defendant\u2019s evidence presents the question of self-defense for jury determination. Possibly His Honor was overly impressed with doubts of the credibility of defendant\u2019s evidence. The credibility of the testimony is to be evaluated by the jury, not the court.\nNew trial.\nJudges Hedrick and Baley concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Associate Attorney Heidgerd, for the State.",
      "Robert E. Smith for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. GENE ALSTON EVANS\nNo. 7310SC728\n(Filed 14 November 1973)\n1. Assault and Battery \u00a7 8 \u2014 self-defense \u2014 apparent danger\nThe right of self-defense does not necessarily depend upon real or actual danger but may arise from apparent danger.\n2. Assault and Battery \u00a7 15 \u2014 refusal to instruct on self-defense \u2014 error\nIn this prosecution for discharging a firearm into' an occupied vehicle, the trial court erred in refusing to instruct the jury on self-defense where defendant presented evidence tending to show that the defendant was told that the victim was looking for him and had a pistol, that defendant saw the victim parked across the street from defendant\u2019s house with a pistol on the seat beside him, that the victim left and defendant saw him return to the scene with a shotgun or rifle, and that defendant was afraid and fired a rifle at the victim\u2019s vehicle to make him leave.\nAppeal by defendant from Godwin, Judge, 18 June 1973 Session of Superior Court held in Wake County.\nDefendant was charged in a bill of indictment, proper in form, with the felony of discharging a firearm into an occupied vehicle in violation of G.S. 14-34.1. He pleaded not guilty.\nThe State\u2019s evidence tended to show the following: On 3 June 1972 one Eddie Watson was driving down Davie Street, in the city of Raleigh, in his 1950 Chevrolet pickup truck at which time he saw defendant sitting on the porch of a house on Davie Street. Defendant owed Watson some money so Watson decided to ask defendant about the money. Watson stopped his truck across the street from defendant. Defendant called out and asked if Watson was looking for him. Watson answered that he wanted to see him whereupon defendant started shooting. Watson immediately drove away but decided that defendant was not angry with him and did not shoot at him; therefore, he was going back and talk to him. As Watson approached the area in which he had seen defendant, defendant raised up from behind a bush and fired a rifle at Watson. Watson stopped his truck and defendant fired the rifle again, striking the truck. Watson backed away from the area and returned home.\nThe defendant\u2019s evidence tended to show the following: Watson gave defendant $45.00 to get Watson an eight-track tape player and some tape cartridges. Defendant spent the money on drugs and did not secure the items requested by Watson. On the day of the alleged offense in this case, Watson went to defendant\u2019s home where he talked with defendant\u2019s cousins. Watson stated to them that he was looking for defendant because they had a little \u201crun-in.\u201d Watson said he had something for defendant and showed them a pistol. Later, defendant arrived, home and someone told him Watson had a-pistol and was looking for him to hurt him. Defendant saw Watson sitting in his car across the street from defendant\u2019s house. Defendant went on his porch and called to Watson. \u201cI hollered loud enough for him to hear and I asked him was he looking for me. He said yes, told me to come over there ... I was just about to start over there and I seen this nickel-plated pistol on the seat and he was sliding it to him.\u201d Defendant pulled his own pistol and started firing it into the air because he was afraid. Watson drove away. In about five minutes Watson drove back towards defendant\u2019s house, and stopped. Defendant saw a rifle or shotgun standing in Watson\u2019s truck. Defendant ran next door, secured a .22 caliber rifle from his uncle and ran back to the front of his house. He stopped behind a bush and fired at Watson\u2019s truck to keep him from getting out. Defendant told Watson to get away because he was scared of him. Watson did not move or say anything so defendant fired at Watson\u2019s radiator again. Watson backed the truck away from, the scene and did not return.\nDefendant was found guilty as charged.\nAttorney General Morgan, by Associate Attorney Heidgerd, for the State.\nRobert E. Smith for the defendant."
  },
  "file_name": "0731-01",
  "first_page_order": 755,
  "last_page_order": 758
}