{ "id": 8555748, "name": "STATE OF NORTH CAROLINA v. THOMAS H. WYNN", "name_abbreviation": "State v. Wynn", "decision_date": "1975-05-07", "docket_number": "No. 7516SC130", "first_page": "625", "last_page": "627", "citations": [ { "type": "official", "cite": "25 N.C. App. 625" } ], "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": "122 S.E. 2d 805", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1961, "opinion_index": 0 }, { "cite": "256 N.C. 99", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8571257 ], "year": 1961, "opinion_index": 0, "case_paths": [ "/nc/256/0099-01" ] }, { "cite": "281 N.C. 316", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8575105, 8575149, 8575120, 8575093, 8575134 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/nc/281/0316-02", "/nc/281/0316-05", "/nc/281/0316-03", "/nc/281/0316-01", "/nc/281/0316-04" ] }, { "cite": "186 S.E. 2d 667", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "pin_cites": [ { "page": "672-673" } ], "opinion_index": 0 }, { "cite": "13 N.C. App. 499", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8554481 ], "year": 1972, "pin_cites": [ { "page": "508" } ], "opinion_index": 0, "case_paths": [ "/nc-app/13/0499-01" ] } ], "analysis": { "cardinality": 329, "char_count": 4949, "ocr_confidence": 0.562, "pagerank": { "raw": 2.341478976821165e-07, "percentile": 0.7922220561893762 }, "sha256": "d0db8a889fedb87ea701e7efc9f710b977ea6d2d13ab6ae639319fd8e34824e1", "simhash": "1:243674ecd60fd493", "word_count": 842 }, "last_updated": "2023-07-14T15:30:12.075015+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Parker and Arnold concur." ], "parties": [ "STATE OF NORTH CAROLINA v. THOMAS H. WYNN" ], "opinions": [ { "text": "BROCK, Chief Judge.\nDefendant\u2019s three assignments of error raise one issue for our resolution: Did the trial court err in failing to dismiss the charge of second degree murder? We point out that defendant was convicted of voluntary manslaughter and conclude that his conviction of a lesser charge rendered harmless the submission of the greater charge to the jury, at least absent some showing that the verdict of guilty of the lesser offense was affected thereby. State v. Sallie, 13 N.C. App. 499, at 508, 186 S.E. 2d 667, at 672-673 (1972), cert. denied, 281 N.C. 316 (1972) ; State v. Casper, 256 N.C. 99, 122 S.E. 2d 805 (1961). Defendant has made no showing that his conviction was affected in any way by the jury\u2019s consideration of his possible guilt of the more serious charge.\nNo error.\nJudges Parker and Arnold concur.", "type": "majority", "author": "BROCK, Chief Judge." } ], "attorneys": [ "Attorney General Edmisten, by Associate Attorney Issac T. Avery, III, for the State.", "L. J. Britt and Son, by L. J. Britt and Bruce W. Huggins, for the defendant-appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. THOMAS H. WYNN\nNo. 7516SC130\n(Filed 7 May 1975)\nHomicide \u00a7 26\u2014 conviction of voluntary manslaughter \u2014 submission of second degree murder \u2014 no error\nDefendant\u2019s conviction of voluntary manslaughter rendered harmless the submission of the greater charge of second degree murder to the jury, at least absent some showing that the verdict of guilty of the lesser offense was affected thereby.\nOn writ of certiorari to review the order of Clark, Judge. Judgment entered 7 August 1974 in Superior Court, Robeson County. Heard in the Court of Appeals 15 April 1975-\nDefendant pleaded not guilty to a charge of murder and was convicted of voluntary manslaughter.\nDefendant\u2019s prosecution arose out of a shooting of one Edmund Hardin on the morning of 27 October 1973. Witnesses for the State testified that earlier that morning Robert Wynn, the defendant\u2019s brother, and Hardin got into an argument at a party near the defendant\u2019s trailer. After the argument Hardin and a companion, Reginald Bell, started walking toward Hardin\u2019s car, which was parked some one hundred feet from defendant\u2019s trailer. Bell stated that he heard defendant say, \u201cLet\u2019s get him, boys,\u201d and then saw defendant go into his trailer. Hardin went to his car, opened the trunk, and took out a paper bag. He and Bell then walked back towards defendant\u2019s trailer. As they approached the trailer, defendant started shooting. Bell scrambled for cover. One of defendant\u2019s shots hit Hardin, and he fell. None of the State\u2019s witnesses saw a gun either in Hardin\u2019s possession or on the ground where he fell. Two of the witnesses testified that they did not see a paper bag near Hardin\u2019s body.\nLinda McGirt, who was in her trailer when the shooting occurred, looked out her window as her husband, Billy, ran to Hardin\u2019s aid. Linda McGirt next ran to Hardin, then to the defendant\u2019s trailer. The defendant was inside, and stated that Hardin had fired at him.\nWhen Billy McGirt got to Hardin, he was still alive and called out Billy\u2019s name. Billy McGirt then ran to his trailer, got his car keys, and took Hardin to the hospital.\nEvidence offered by the defendant indicated that he was acting in self-defense. Thomas Wynn testified that his brother, Robert, arrived at the party and began talking with the deceased. Defendant then went to his trailer. Another of his brothers, Arthur, ran up, shouting that Hardin was going to get a gun to kill Robert. Arthur asked the defendant to give him his gun. Defendant got his gun and went outside just as Hardin was approaching his trailer. Defendant stated that he could not give the gun to Robert, who was \u201chalf-crazed\u201d with drink, or to Arthur because of his excited emotional state. Defendant tried unsuccessfully both to get Robert into his trailer and to quiet Arthur. Defendant then spoke to Hardin, who said he intended to kill defendant. While they were standing fifteen feet apart, Hardin fired three shots at defendant. None found its target. As Hardin prepared to fire a fourth time, defendant shot him. He then ran to administer first aid to Hardin, but Hardin was dead. Defendant put his gun on a car, told Arthur to put it up, and went into his trailer to call the police.\nArthur Wynn testified that Robert picked up Hardin\u2019s gun and put it in his pocket. However, Arthur sneaked the gun out of Robert\u2019s pocket and threw it into a nearby drainpipe. He then took defendant\u2019s gun from the car and threw it into a creek.\nLuther Sanderson, a deputy sheriff at the time of the shooting, testified for the defense. He stated that in investigating the shooting, he found the two pistols where Thomas had placed them. Both were entered as exhibits. Sanderson also testified that the State\u2019s witness Bell originally had stated that Hardin had taken a gun from the bag and fired at defendant but that later Bell changed his position and denied this.\nEight witnesses testified to defendant\u2019s good character and reputation.\nAttorney General Edmisten, by Associate Attorney Issac T. Avery, III, for the State.\nL. J. Britt and Son, by L. J. Britt and Bruce W. Huggins, for the defendant-appellant." }, "file_name": "0625-01", "first_page_order": 653, "last_page_order": 655 }