{
  "id": 8554476,
  "name": "STATE OF NORTH CAROLINA v. JAMES ALLEN",
  "name_abbreviation": "State v. Allen",
  "decision_date": "1975-02-19",
  "docket_number": "No. 7410SC909",
  "first_page": "692",
  "last_page": "694",
  "citations": [
    {
      "type": "official",
      "cite": "24 N.C. App. 692"
    }
  ],
  "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": "157 S.E. 2d 655",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "opinion_index": 0
    },
    {
      "cite": "272 N.C. 48",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8570396
      ],
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nc/272/0048-01"
      ]
    },
    {
      "cite": "185 S.E. 2d 858",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "280 N.C. 322",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8571913
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc/280/0322-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 216,
    "char_count": 3169,
    "ocr_confidence": 0.597,
    "pagerank": {
      "raw": 6.380125665320789e-08,
      "percentile": 0.39450369500306776
    },
    "sha256": "3fe30cb7df126a8d9305b930175b0f40c6eea81a8b03bc52799822001b809a0a",
    "simhash": "1:5219d0d8e6e31df3",
    "word_count": 543
  },
  "last_updated": "2023-07-14T19:54:40.635509+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Britt concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES ALLEN"
    ],
    "opinions": [
      {
        "text": "CLARK, Judge.\nDefendant and Roderick Lee Jordan were indicted for the same criminal offense. Consolidation for trial, rather than multiple individual trials, was appropriate in the absence of a showing that defendant was deprived of a fair trial. State v. Jones, 280 N.C. 322, 185 S.E. 2d 858 (1972). Here the motion to consolidate was addressed to the sound discretion of the trial court; and no abuse having been shown, we find no error in the consolidation for trial.\nDefendant\u2019s other assignment of error is addressed to the refusal of the trial court to allow his motion for judgment as of nonsuit. We see no need to repeat the statement of facts set out in the case of State v. Roderick Lee Jordan, filed on the same date as this opinion.\nWe add that it may reasonably be inferred from the State\u2019s evidence that defendant, with Jordan and another, went to the scene in an automobile; that defendant stayed in the car while his two companions entered the nearby Kwik-Pik store and with the use of a firearm robbed the operator; that when they ran from the store, defendant turned on the car lights, then blew the horn when they ran past the car; and that several minutes later when the car was stopped, defendant and his two companions ran.\nTaking the evidence in the light most favorable to the State, we find the evidence sufficient to warrant submitting the case to the jury.\nPresence at the scene, assistance to the perpetrators, flight and guilty knowledge may be reasonably inferred from the evidence. This case is clearly distinguishable from State v. Aycoth, 272 N.C. 48, 157 S.E. 2d 655 (1967), where the State\u2019s evidence showed nothing more than presence.\nWe find\nNo error.\nChief Judge Brock and Judge Britt concur.",
        "type": "majority",
        "author": "CLARK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten by Associate Attorney Sam T. Currin for the State.",
      "FI. Spencer Barrow for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES ALLEN\nNo. 7410SC909\n(Filed 19 February 1975)\n1. Criminal Law \u00a7 92\u2014 consolidated trial of two defendants\nThe trial court did not err in consolidating for trial charges against two defendants for the same offense of armed robbery.\n2. Robbery \u00a7 4\u2014 armed robbery \u2014 person remaining in getaway car\nThe State\u2019s evidence was sufficient to be submitted to the jury on the issue of defendant\u2019s guilt of armed robbery where it tended to show that defendant and two companions went near a Kwik-Pik' store in an automobile, that defendant stayed in the car while his companions entered the store and with the use of a firearm robbed the operator, that defendant turned on the car lights when his companions ran from the store and blew the horn when they ran past the car, and that when the car was stopped several minutes later, defendant and his two companions ran.\nAppeal by defendant from McKinnon, Judge. Judgment entered 22 May 1974, in Superior Court, Wake County. H\u00e9ard in the Court of Appeals 20 January 1975.\nDefendant pled not guilty to a charge of armed robbery, and the case was consolidated, over objection, for trial with the same-charge against Roderick Lee Jordan. See State v. Roderick Lee Jordan filed this date.\nFrom a verdict of guilty and judgment of imprisonment, defendant appealed.\nAttorney General Edmisten by Associate Attorney Sam T. Currin for the State.\nFI. Spencer Barrow for defendant."
  },
  "file_name": "0692-01",
  "first_page_order": 720,
  "last_page_order": 722
}