{
  "id": 8551099,
  "name": "STATE OF NORTH CAROLINA v. RANDOLPH WIDEMON Alias RANDOLPH WILLIAMS",
  "name_abbreviation": "State v. Widemon",
  "decision_date": "1975-06-18",
  "docket_number": "No. 7527SC9",
  "first_page": "245",
  "last_page": "249",
  "citations": [
    {
      "type": "official",
      "cite": "26 N.C. App. 245"
    }
  ],
  "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": "186 S.E. 2d 667",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "13 N.C. App. 499",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8554481
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/13/0499-01"
      ]
    },
    {
      "cite": "81 S.E. 2d 193",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1954,
      "opinion_index": 0
    },
    {
      "cite": "240 N.C. 85",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8594957
      ],
      "year": 1954,
      "opinion_index": 0,
      "case_paths": [
        "/nc/240/0085-01"
      ]
    },
    {
      "cite": "78 A.L.R. 2d 246",
      "category": "reporters:specialty",
      "reporter": "A.L.R. 2d",
      "year": 1961,
      "pin_cites": [
        {
          "page": "\u00a7 8"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "192 S.E. 2d 46",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "16 N.C. App. 205",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8549861
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/16/0205-01"
      ]
    },
    {
      "cite": "192 S.E. 2d 441",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "282 N.C. 249",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8564205
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc/282/0249-01"
      ]
    },
    {
      "cite": "201 S.E. 2d 884",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1974,
      "opinion_index": 0
    },
    {
      "cite": "284 N.C. 515",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8562970
      ],
      "year": 1974,
      "opinion_index": 0,
      "case_paths": [
        "/nc/284/0515-01"
      ]
    },
    {
      "cite": "208 S.E. 2d 10",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1974,
      "pin_cites": [
        {
          "page": "18"
        }
      ],
      "opinion_index": 0
    },
    {
      "cite": "285 N.C. 1",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8561608
      ],
      "year": 1974,
      "pin_cites": [
        {
          "page": "12"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/285/0001-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 536,
    "char_count": 10926,
    "ocr_confidence": 0.577,
    "pagerank": {
      "raw": 8.138363859351185e-08,
      "percentile": 0.47318376476775287
    },
    "sha256": "a5e89ff4b1a86525994d0aa836f7fbc9f08cf0a92957d8bf22d4f11e82540464",
    "simhash": "1:3029d6a81128ed57",
    "word_count": 1769
  },
  "last_updated": "2023-07-14T16:59:13.418266+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. RANDOLPH WIDEMON Alias RANDOLPH WILLIAMS"
    ],
    "opinions": [
      {
        "text": "PARKER, Judge.\nDefendant challenges the admissibility of Goodson\u2019s in-court identification testimony on the ground that it was the result of an illegal and impermissibly suggestive confrontation between the witness and defendant at the police station on the morning following the shooting. No evidence concerning this confrontation was admitted before the jury. Before admitting Goodson\u2019s in-court identification testimony, the judge conducted an extensive voir dire examination, at the conclusion of which he entered an order making detailed factual findings both concerning the circumstances under which the pretrial confrontation occurred and concerning the circumstances under which the witness had observed defendant at the scene of the crime. Based on these detailed findings, the judge found and concluded that \u201c[i]t is clear and convincing from the evidence that Goodson\u2019s in-court identification of the defendant originated solely upon Goodson\u2019s observation of the defendant at the scene of the alleged crime and was independent of any confrontation or show up procedure at the police station.\u201d\nEven had there been any illegal or impermissibly suggestive procedures in connection with the pretrial confrontation at the police station, and the trial judge found none, the in-court identification testimony was rendered competent by the above-quoted finding. \u201cIt is well established that the primary illegality of an out-of-court identification will render inadmissible the in-court identification unless it is first determined on voir dire that the in-court identification is of independent origin.\u201d State v. Henderson, 285 N.C. 1, 12, 208 S.E. 2d 10, 18 (1974). Here, the trial judge\u2019s determination that Goodson\u2019s in-court identification was of independent origin was supported by competent evidence. It is, therefore, binding on this appeal. State v. Tuggle, 284 N.C. 515, 201 S.E. 2d 884 (1974). There was no error in admitting Goodson\u2019s in-court identification testimony.\nDefendant next contends that the court erred by admitting in evidence the pistol which the officers found by a warrantless search of the house where defendant was arrested. Defendant, a trespasser in the house, has no standing to question the validity of that search. State v. Eppley, 282 N.C. 249, 192 S.E. 2d 441 (1972); State v. Jennings, 16 N.C. App. 205, 192 S.E. 2d 46 (1972) ; Annot., 78 A.L.R. 2d 246, \u00a7 8 (1961).\nIn an unresponsive answer to a question on direct examination, one of the State\u2019s witnesses, a police officer, stated:\n\u201cWe were looking for Mr. Widemon in reference to his being an escapee and \u2014 \u201d\nDefense counsel then objected and moved to strike. The court promptly sustained the objection and motion and emphatically instructed the jurors not to consider the witness\u2019s answer but to erase it from their thoughts. Based on this incident, defendant moved for a mistrial, which motion was denied. In this we find no error. The unexpected and volunteered statement of incompetent evidence by the witness was rendered harmless to defendant by the prompt and emphatic action of the trial judge in withdrawing the evidence from the consideration of the jurors and instructing them to disregard it. State v. Hamer, 240 N.C. 85, 81 S.E. 2d 193 (1954).\nDefendant assigns error to the denial of his motions for nonsuit. In this connection he contends that there was insufficient evidence to support a jury finding that he was engaged in an attempted armed robbery when the fatal shots were fired. The trial judge did not submit the attempted armed robbery charge to the jury as a separate offense, ruling that this charge was merged into the felony murder charge as being the element which the State relied upon to raise the offense to the first degree. Defendant\u2019s assignment of error and his contentions concerning the denial of his motions for nonsuit are, therefore, presently pertinent only insofar as they relate to the charge of first-degree murder. Applying the well-established rule that on motion for nonsuit in a criminal case the evidence must be considered in the light most favorable to the State and the State must be given the benefit of every reasonable, inference which may be legitimately drawn from the evidence, we find the evidence in the present case sufficient to warrant a jury finding defendant was engaged in an attempted armed robbery when the fatal shots were fired. Therefore, we find no error in the court\u2019s overruling defendant\u2019s motions for nonsuit as to the first-degree murder charge. Furthermore, the jury\u2019s action in finding defendant guilty of second-degree murder rendered harmless any error, if any was committed, in submitting to the jury the question of defendant\u2019s guilt of the more serious offense, at le\u00e1st absent some showing that the verdict of guilty of the lesser offense was affected thereby. State v. Sallie, 13 N.C. App. 499, 186 S.E. 2d 667 (1972). Defendant has not shown that his cpn-viction was affected in any way by the jury\u2019s consideration of his possible guilt of the more serio\u00fas offense.\nDefendant assigns error to a. portion of the court\u2019s. charge to the jury in which the court referred to the house in which defendant was found on the morning after the shooting as a house \u201cwhich appeared to have been abandoned.\u201d He contends this characterization of the house was not supported by the evidence and that he was prejudiced thereby. We do not agree. On the voir dire examination, the arresting officer did describe the house as \u201can abandoned house.\u201d Although no such express description was used by. any witness before the jury, evidence was admitted before the jury that the house was a four-room frame house in which \u201cthere was no furniture except one old paclded chair located in the back room of the house.\u201d Defendant suffered no prejudicial error when the judge referred to the house as an abandoned house.\nDefendant assigns as error that the court failed to charge the jury adequately as to which acts of the defendant would have amounted to an attempted armed- robbery. Any error in this connection, and we find none, would be rendered harmless by the verdict rendered.\nWe have carefully examined all of defendant\u2019s remaining assignments of error and find no prejudicial error. Read contextually and as a whole, the court\u2019s instructions to the jury clearly and correctly applied the law arising on the evidence in this case. There was no error in failing to charge as to excusable homicide by accident or misadventure, as there was no evidence in this case to raise any question of accident or misadventure.\nIn defendant\u2019s trial and in the judgment appealed from, we find\nNo error.\nChief Judge Brock and Judge Arnold concur.",
        "type": "majority",
        "author": "PARKER, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten by Assistant Attorney General Donald A. Davis for the State.",
      "Joseph B. Roberts III for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. RANDOLPH WIDEMON Alias RANDOLPH WILLIAMS\nNo. 7527SC9\n(Filed 18 June 1975)\nL Criminal Law \u00a7 66\u2014 in-court identification of defendant \u2014\u2022 observation \u2022 at crime scene as basis\nA witness\u2019s in-court identification of defendant was based on the witness\u2019s observation of defendant as he ran within 8 or 10 feet of the witness immediately after the shooting in question, and the identification was not the result of an illegal and impermissibly suggestive confrontation between the witness and defendant at the police station on the morning following the shooting.\n2. Criminal Law \u00a7 84; Searches and Seizures \u00a7 1 \u2014 trespasser \u2014 standing to question validity of search\nDefendant was without standing to question the validity of a war-rantless search of the house where defendant was arrested since defendant was a trespasser therein.\n3. Criminal Law \u00a7 96 \u2014 reference to defendant as prison escapee \u2014 withdrawal of evidence\nThe unexpected and volunteered statement of incompetent evidence by a witness making reference to the fact that defendant was a prison escapee was rendered harmless to defendant by the prompt and em-\u2022phatie action of the trial judge in withdrawing the evidence from the consideration of the jurors and instructing them to disregard it.\n4. Homicide \u00a7 21 \u2014 first degree murder in attempt to commit armed rob- '\u25a0 bery \u2014 sufficiency of evidence\nEvidence was sufficient to warrant a jury finding defendant was engaged in an attempted armed robbery when the fatal shots were fired, and so the trial court did not err in overruling defendant\u2019s motions for.nonsuit as to the first degree murder charge; furthermore, the jury\u2019s action in finding defendant guilty .of second degree murder rendered harmless any error, if any was committed, in submitting to the jury the question of defendant\u2019s guilt of the more serious offense, at least absent some showing that the verdict of guilty of the lesser offense was affected thereby.\nAppeal by defendant from Hasty, Judge. Judgment entered 5 September 1974 in Superior Court, Gaston County. Heard in the Court of Appeals 17 March 1975.\n,. In separate indictments defendant was charged with the first-degree murder and attempted armed robbery of Otis Parr. Defendant pled not guilty to each charge and the cases were consolidated for trial.\nThe State\u2019s evidence in summary shows: Otis Parr operated' a grocery store on Union Road in Gaston County. About 7:30 p.m. on 8 May 1974 the State\u2019s witness, David Goodson, was working on a truck parked across the road from the store. He heard two gunshots and heard Parr call for help. Looking into the store, Goodson saw Parr and another man fall to the floor fighting inside the store. Goodson then heard three more shots and saw the man run from the store, brandishing a pistol. The man, whom Goodson identified at the trial as the defendant, went past. Goodson, passing within eight to ten feet from him, and ran into some woods near the store. Parr died that night as result of .22 caliber gunshot wounds.\nEarly next morning officers of the Gaston County Rural Police, while searching a vacant house approximately two mil\u00e9s from Parr\u2019s store, found defendant inside. He was sitting on the floor next to a- padded chair, the only piece of furniture in the house. After arresting defendant, the officers searched the house and found a .22 caliber pistol stuffed into the back of the chair. At the police headquarters defendant gave a statement in which he admitted shooting Parr.\nDefendant did not introduce evidence.\nThe court, finding that the charge of attempted armed robbery was merged into the first-degree murder charge, submitted to the jury only the issues as to defendant\u2019s guilt or innocence of first-degree murder and the lesser included offenses of second-degree murder and manslaughter. The jury found defendant guilty of murder in the second degree, and from judgment sentencing defendant to prison for a term of thirty years, to commence at the expiration of a sentence previously imposed upon defendant in Guilford County on 27 October 1972, defendant appealed.\nAttorney General Edmisten by Assistant Attorney General Donald A. Davis for the State.\nJoseph B. Roberts III for defendant appellant."
  },
  "file_name": "0245-01",
  "first_page_order": 273,
  "last_page_order": 277
}
