{
  "id": 8556122,
  "name": "STATE OF NORTH CAROLINA v. SOLOMON BROWN",
  "name_abbreviation": "State v. Brown",
  "decision_date": "1976-05-05",
  "docket_number": "No. 7621SC32",
  "first_page": "409",
  "last_page": "411",
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      "cite": "29 N.C. App. 409"
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "cite": "97 S.E. 2d 476",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
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      "cite": "246 N.C. 83",
      "category": "reporters:state",
      "reporter": "N.C.",
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      "year": 1957,
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      "cite": "211 S.E. 2d 207",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1975,
      "opinion_index": 0
    },
    {
      "cite": "286 N.C. 387",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8566890
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      "year": 1975,
      "opinion_index": 0,
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        "/nc/286/0387-01"
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    {
      "cite": "353 U.S. 53",
      "category": "reporters:federal",
      "reporter": "U.S.",
      "case_ids": [
        6159521
      ],
      "weight": 3,
      "year": 1957,
      "opinion_index": 0,
      "case_paths": [
        "/us/353/0053-01"
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  "last_updated": "2023-07-14T16:29:22.308082+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Vaughn and Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. SOLOMON BROWN"
    ],
    "opinions": [
      {
        "text": "BRITT, Judge.\nDefendant\u2019s only assignment of error is that the court erred in not requiring the State to disclose the identity of a confidential informant. We find no merit in the assignment.\nEvidence presented by the State tended to show: In April of 1975, Martha Owens, an agent of the State Bureau of Investigation, went to Winston-Salem to purchase drugs as an undercover agent. On the afternoon of 17 April she and a female confidential source went to defendant\u2019s apartment., The source told defendant that Geraldine (defendant\u2019s wife) had sent them to him and that they wanted to buy some heroin. Defendant delivered 15 tinfoil packets to Owens for which she paid him $100.00. Thereafter, an analysis of the contents of the packets revealed the presence of heroin.\nDefendant testified that he did not sell heroin on the day in question or at any other time and that he had never seen Agent Owens prior to seeing her in court.\nIt appears to be well settled that the nondisclosure of an informer\u2019s identity must be balanced against the need for effective law enforcement; but where the informer\u2019s identity and potential testimony are essential to a fair determination of the case or material to a defendant\u2019s defense, the privilege must give way and the informer\u2019s name be disclosed if the defendant is to be prosecuted. Roviaro v. United States, 353 U.S. 53, 77 S.Ct. 623, 1 L.Ed. 2d 639 (1957) ; State v. Ketchie, 286 N.C. 387, 211 S.E. 2d 207 (1975).\nThe facts in the instant case are clearly distinguishable from Roviaro and other cases requiring disclosure of the informer\u2019s name. Here, the informer had little if any active participation in the actual crimes. The evidence showed that after she told defendant that Geraldine sent them, the informer proceeded to go to and use the bathroom while Agent Owens made the actual purchase from defendant. In Roviaro, for example, the informer made the purchase of drugs while the police officer hid in the trunk of the informer\u2019s car and made a tape recording of the transaction.\nFurthermore, we do not think defendant made a sufficient showing before the trial court of his need for disclosure of the informer\u2019s identity. The record reveals that the only time the question was raised was when Agent Owens was on recross-examination. At that time she was asked, \u201cWho is the source?\u201d The State\u2019s objection to the question was sustained. The witness then testified that she did not know the source but she was not an agent; that she met the informer for the first time that afternoon, some hour or so before going to defendant\u2019s apartment. Defendant failed to show that the informer\u2019s identity and possible testimony were essential to a fair determination of the case or material to his defense. State v. Boles, 246 N.C. 83, 97 S.E. 2d 476 (1957), decided subsequent to Roviaro.\nWe hold that defendant received a fair trial free from prejudicial error.\nNo error.\nJudges Vaughn and Arnold concur.",
        "type": "majority",
        "author": "BRITT, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Norma S. Harrell, for the State.",
      "W. Warren Sparrow for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. SOLOMON BROWN\nNo. 7621SC32\n(Filed 5 May 1976)\nConstitutional Law \u00a7 31\u2014 confidential informer \u2014 disclosure of identity not required\nThe trial court in a prosecution for possession and sale of heroin did not err in refusing to require the disclosure of the identity of a confidential informer where the informer had little if any active participation in the actual crimes and where defendant did not make a sufficient showing of his need for disclosure of the informer\u2019s identity.\nAppeal by defendant from Graham, Judge. Judgment entered 19 August 1975 in Superior Court, Forsyth County. Heard in the Court of Appeals 14 April 1976.\nUpon pleas of not guilty, defendant was tried on two bills of indictment charging him with (1) possession of .heroin and (2) selling and delivering heroin to Martha Owens. A jury found him guitly of both charges. The court consolidated the cases for judgment and imposed a prison sentence of 10 years and a fine of $2,500.00.\nAttorney General Edmisten, by Associate Attorney Norma S. Harrell, for the State.\nW. Warren Sparrow for defendant appellant."
  },
  "file_name": "0409-01",
  "first_page_order": 441,
  "last_page_order": 443
}