{
  "id": 8554220,
  "name": "STATE OF NORTH CAROLINA v. CYNTHIA P. BROOKS",
  "name_abbreviation": "State v. Brooks",
  "decision_date": "1980-05-20",
  "docket_number": "No. 7927SC1164",
  "first_page": "833",
  "last_page": "834",
  "citations": [
    {
      "type": "official",
      "cite": "46 N.C. App. 835"
    }
  ],
  "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": "247 S.E. 2d 905",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1978,
      "opinion_index": 0
    },
    {
      "cite": "295 N.C. 559",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8566309
      ],
      "year": 1978,
      "opinion_index": 0,
      "case_paths": [
        "/nc/295/0559-01"
      ]
    },
    {
      "cite": "261 S.E. 2d 789",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1980,
      "opinion_index": 0
    },
    {
      "cite": "299 N.C. 151",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8574152
      ],
      "year": 1980,
      "opinion_index": 0,
      "case_paths": [
        "/nc/299/0151-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 252,
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    "sha256": "95e0fbcf9ba249d6442e1b5cbc89fd4492d6530e448b4b98de80d51427f7f210",
    "simhash": "1:e0c5be4b873fc4a2",
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  "last_updated": "2023-07-14T21:32:37.131990+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges MARTIN (Robert M.) and HILL concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CYNTHIA P. BROOKS"
    ],
    "opinions": [
      {
        "text": "WEBB, Judge.\nThe defendant assigns as error the submission to the jury of the charge of involuntary manslaughter. After the case sub judice was tried, our Supreme Court rendered a decision in State v. Ray, 299 N.C. 151, 261 S.E. 2d 789 (1980). As applicable to this case, Ray held that if there is evidence of self-defense and no evidence of involuntary manslaughter, it is prejudicial error to submit a charge of involuntary manslaughter in a trial for second degree murder. The evidence as to the shooting in the case sub-judice came from the testimony of defendant. She testified as follows:\n\u201cWhen he picked up the broom I ran to my son\u2019s room. The gun was kept right beside the door. I grabbed this gun up and turned around. I can\u2019t remember; I was terribly upset. I was in fear of serious bodily injury. ... I grabbed the gun; I can\u2019t remember if it was cocked. ... I don\u2019t know where I shot him. I was upset and didn\u2019t look. I ran. I don\u2019t know how he was coming at me with the broom. . . . All I know is I was scared and didn\u2019t mean to shoot him. . . .\n... I don\u2019t know how many steps he took. As soon as I shot, I guess I dropped the gun and ran. I don\u2019t know how close he was.\u201d\nDefendant also testified:\n\u201cI don\u2019t recall firing the gun on this day. ... I didn\u2019t mean to hurt or kill him; I just meant to scare him or something.\u201d\nWe hold that the only conclusion that can be drawn from this testimony is that defendant pointed the gun at the deceased and shot him while he was advancing toward her. This could not be involuntary manslaughter. See State v. Ray, supra and State v. Wilkerson, 295 N.C. 559, 247 S.E. 2d 905 (1978).\nThe defendant has been acquitted of all degrees of homicide other than involuntary manslaughter. We have held there was not sufficient evidence of involuntary manslaughter to submit to the jury. The defendant must be discharged.\nReversed and remanded.\nJudges MARTIN (Robert M.) and HILL concur.",
        "type": "majority",
        "author": "WEBB, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Assistant Attorney General Archie W. Anders and Assistant Attorney General Thomas B. Wood, for the State.",
      "Robert H. Forbes for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CYNTHIA P. BROOKS\nNo. 7927SC1164\n(Filed 20 May 1980)\nHomicide \u00a7 30.3\u2014 improper submission of involuntary manslaughter \u2014 prejudicial error\nThe trial court in a second degree murder case committed prejudicial error in submitting an issue of involuntary manslaughter to the jury where there was evidence of self-defense and no evidence of involuntary manslaughter.\nAppeal by defendant from Thornburg, Judge. Judgment entered 19 July 1979 in Superior Court, GASTON County. Heard in the Court of Appeals 23 April 1980.\nDefendant was tried for second degree murder. Some of the evidence tended to show that on 7 April 1979 the defendant and her husband had been separated for one week. On that day, he came to her home, placed his hand around her throat, released her, and then threatened her with a knife. He then went outside the house. He returned to the inside of the house and threatened her with the \u201cstick end of the broom.\u201d Defendant, at that time, shot her husband causing his death.\nThe court charged the jury it could find the defendant guilty of second degree murder, voluntary manslaughter, or involuntary manslaughter. From a sentence imposed upon a verdict of guilty of involuntary manslaughter, the defendant appealed.\nAttorney General Edmisten, by Assistant Attorney General Archie W. Anders and Assistant Attorney General Thomas B. Wood, for the State.\nRobert H. Forbes for defendant appellant."
  },
  "file_name": "0833-01",
  "first_page_order": 861,
  "last_page_order": 862
}