{
  "id": 8551804,
  "name": "STATE OF NORTH CAROLINA v. EUGENE CLANTON, JR.",
  "name_abbreviation": "State v. Clanton",
  "decision_date": "1973-12-19",
  "docket_number": "No. 736SC595",
  "first_page": "275",
  "last_page": "277",
  "citations": [
    {
      "type": "official",
      "cite": "20 N.C. App. 275"
    }
  ],
  "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": [],
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  "last_updated": "2023-07-14T15:39:00.958655+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Britt concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. EUGENE CLANTON, JR."
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nDefendant contends that the trial court committed prejudicial errors in its jury charge.\nThe State had introduced as evidence during the trial a voluntary statement made by the defendant to Deputy Sheriff Otis Wh\u00e9eler. The statement was read into the record by Officer Wheeler as follows:\n\u201cHe said he got ready to leave and backed up the car and some boys walked behind my car, and I heard one of the boys say \u2018What are you going to do, run over me?\u2019 So I stopped and got out of my car and told the boys T am not going to run over them [sic]. Do you see this big car ?\u2019 So all of the boys went around the car. One boy come [sic] up in front of the car and said \u2018You are not going to move the car.\u2019 I stepped out and went to the front part of my car and told the boy that I was going to move it, and if he did not move and get out of the way I would run over him. All of the time the boy started toward me, and I pushed him back and he came back to me again and I slapped him. Some more boys were standing around and I told him I was going to move my car and he said \u2018No, you are not.\u2019 At that time, I pulled my gun and shot him. He fell and I tossed the gun across the car.\u201d\nDefendant specifically excepts to the portions of the jury charge which read as follows:\n\u201cNow there has been some evidence in this case that the defendant, Eug:ene Clanton admitted some of the facts related to the crime that he [sic] alleged to have committed. If you find that the defendant has admitted certain facts related to the crime then you should consider all of the circumstances under which his admission was made in determining whether or not it was a truthful statement made by him at a time prior to the time that he came to trial on this day.\u201d\nThe instruction that there was evidence that defendant admitted some of the facts related to the crime was an assumption by the judge of a material fact which was not in evidence. It constituted an expression of opinion that a fact had been proven. Error committed by the court in expressing an opinion on the facts is virtually impossible to cure. 3 Strong, N. C. Index 2d, Criminal Law, \u00a7 170, pp. 138-139.\nThe remaining assignments of error are not discussed because the questions probably will not arise on a new trial.\nNew trial.\nJudges Campbell and Britt concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Assistant Attorney General Wood, for the State.",
      "Allsbrook, Benton, Knott, Allsbrook and Cranford, by Dwight L. Cranford, for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. EUGENE CLANTON, JR.\nNo. 736SC595\n(Filed 19 December 1973)\nAssault and Battery \u00a7 15; Criminal Law \u00a7 114 \u2014 defendant\u2019s admission of crime \u2014 instruction improper\nIn a prosecution for assault with a deadly weapon with intent to kill inflicting serious injuries, the trial court erred in instructing the jury that there was evidence that defendant admitted some of the facts related to the crime, since such instruction assumed a material fact which was not in evidence.\nAppeal by defendant from Martin (Perry), Judge, 26 March 1973 Session of Superior Court held in Northampton County.\nDefendant was charged in a bill of indictment with assault with a deadly weapon with intent to kill inflicting serious injuries.\nThe State presented evidence which tended to show that on 1 October 1972 at approximately 1:30 a.m. defendant was preparing to leave the B & B Lounge in Jackson, North Carolina; that a group of young males had gathered around the defendant\u2019s vehicle, preventing his departure; that defendant got out of his car and engaged in an argument with a member of the group, R. C. Joyner, the prosecuting witness; that defendant shoved Joyner away twice, slapped him, and shot Joyner when he approached defendant a third time.\nDefendant, relying upon the right of self-defense, testified in his own behalf that when he emerged from his vehicle to apologize and ask the boys to move, they began to wrap belts around their fists; that he was scared and had tucked a .25 caliber automatic pistol in his pants before emerging from the car; that defendant attempted to shoot over the head of Joyner in an attempt to \u201cscare him off.\u201d Defendant then tossed away the weapon and awaited the arrival of the police.\nAttorney General Morgan, by Assistant Attorney General Wood, for the State.\nAllsbrook, Benton, Knott, Allsbrook and Cranford, by Dwight L. Cranford, for the defendant."
  },
  "file_name": "0275-01",
  "first_page_order": 303,
  "last_page_order": 305
}