{
  "id": 11304587,
  "name": "STATE OF NORTH CAROLINA v. JESSE LEE BRAKE",
  "name_abbreviation": "State v. Brake",
  "decision_date": "1974-07-03",
  "docket_number": "No. 747SC421",
  "first_page": "342",
  "last_page": "344",
  "citations": [
    {
      "type": "official",
      "cite": "22 N.C. App. 342"
    }
  ],
  "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": "2023-07-14T16:09:41.671000+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Parker and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JESSE LEE BRAKE"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nDefendant contends that the State failed to show that deceased died as a result of defendant\u2019s unlawful act. The gist of his argument is that the eyewitness testified defendant shot deceased with a shotgun but that the attending physician testified that deceased died of a pulmonary embolism resulting from a \u201cbullet\u201d wound in the abdomen. The bullet wound was described as being about one-half inch in diameter. On cross-examination, defendant elicited the fact that the doctor\u2019s notes of the patient\u2019s history recited \u201c[t]his 23 year old colored male whs brought to the emergency department at 3:45 a.m. after being shot with a pistol at 3:15 a.m. and complains of severe pains in the abdomen.\u201d The bullet or slug was apparently never removed from the body. Defendant\u2019s assignment of error must fail. The State\u2019s evidence was that defendant shot and felled Richardson who was shortly thereafter admitted to the hospital suffering from a single gunshot wound. Later he died of a blood clot caused by the original gunshot wound. Any contradictions in the State\u2019s evidence were for the jury. Presumably, the jury realized that a shotgun can be loaded with a shell or cartridge containing many small \u201cbullets\u201d or \u201cmissiles,\u201d or a single large \u201cbullet\u201d or \u201cmissile,\u201d sometimes called a slug.\nThe remaining assignments of error are also without merit.\nDefendant\u2019s court appointed counsel has asked us to examine the record for possible errors that he has been unable to detect. We have done this and conclude that defendant has had a fair trial free from prejudicial error.\nNo error.\nJudges Parker and Hedrick concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Jacob L. Safron, Assistant Attorney General, for the State.",
      "Moore, Diedrick & Whitaker by L. G. Diedrick for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JESSE LEE BRAKE\nNo. 747SC421\n(Filed 3 July 1974)\nHomicide \u00a7 21\u2014 gunshot wound \u2014 death from blood clot \u2014 sufficiency of evidence\nState\u2019s evidence was sufficient to show that deceased died as a result of defendant\u2019s unlawful act where such evidence tended to show that defendant shot and felled deceased who was shortly thereafter admitted to the hospital suffering from a single gunshot wound and that deceased later died of a blood clot caused by the original gunshot wound.\nAppeal by defendant from Webb, Judge, 29 October 1973 Session of Superior Court held in Nash County.\nDefendant was indicted for the first degree murder of William G. Richardson.\nEvidence for the State tended to show the following. About 12:00 a.m. on 11 August 1968, Viola Davis Battle, George Battle and defendant were together in an automobile operated by George Battle. Defendant requested George Battle \u201cto take him by [defendant\u2019s] house so that [defendant] could get his gun, he said he was tired of fussing about it.\u201d \u201cIt was a single barrel shotgun, that you could break open and stick the bullet in it.\u201d After defendant got his shotgun, the trio went to a party but stayed only a few minutes. The group then proceeded towards Viola Battle\u2019s mother\u2019s house. En route they saw the deceased, William G. Richardson, coming across a field. Richardson \u201chollered at George and George stopped real quick.\u201d As defendant started to get out of the car, George Battle attempted to stop him, but defendant threatened \u201cto shoot [him] too.\u201d Defendant jumped out of the car and shot Richardson. Immediately prior to the shooting, defendant had said several times that he was going \u201cto kill the _ on sight.\u201d Richardson died on 17 August 1968. Defendant was charged with the murder in a warrant issued 30 August 1968, but was not apprehended until 27 August 1973.\nDefendant offered no evidence. He was convicted of murder in the second degree and was sentenced to imprisonment for twenty-five years.\nAttorney General Robert Morgan by Jacob L. Safron, Assistant Attorney General, for the State.\nMoore, Diedrick & Whitaker by L. G. Diedrick for defendant appellant."
  },
  "file_name": "0342-01",
  "first_page_order": 374,
  "last_page_order": 376
}