{ "id": 8525440, "name": "STATE OF NORTH CAROLINA v. ROBERT LEE COLLINS", "name_abbreviation": "State v. Collins", "decision_date": "1984-02-07", "docket_number": "No. 8320SC651", "first_page": "466", "last_page": "468", "citations": [ { "type": "official", "cite": "66 N.C. App. 466" } ], "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": "56 S.E. 2d 604", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1949, "opinion_index": 0 }, { "cite": "231 N.C. 313", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8629467 ], "year": 1949, "opinion_index": 0, "case_paths": [ "/nc/231/0313-01" ] }, { "cite": "74 S.E. 2d 532", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1953, "pin_cites": [ { "page": "535" } ], "opinion_index": 0 }, { "cite": "237 N.C. 197", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8607322 ], "year": 1953, "pin_cites": [ { "page": "201" } ], "opinion_index": 0, "case_paths": [ "/nc/237/0197-01" ] }, { "cite": "95 S.E. 2d 526", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1956, "pin_cites": [ { "page": "528" } ], "opinion_index": 0 }, { "cite": "245 N.C. 185", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8607425 ], "year": 1956, "pin_cites": [ { "page": "189" } ], "opinion_index": 0, "case_paths": [ "/nc/245/0185-01" ] } ], "analysis": { "cardinality": 242, "char_count": 3318, "ocr_confidence": 0.803, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.20555348979805385 }, "sha256": "aab9100b13fb368e5d5cdba61b01f0ac84d6e0fdd37eed33f8ee7e9062b31bfb", "simhash": "1:2fc6b2b96e1f20fd", "word_count": 546 }, "last_updated": "2023-07-14T17:15:19.573584+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Hedrick and Eagles concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ROBERT LEE COLLINS" ], "opinions": [ { "text": "HILL, Judge.\nThe dispositive issue on appeal is whether the evidence was sufficient as a matter of law to support the court\u2019s submission of the case to the jury on the separate charges against the defendant of assault on a law enforcement officer with a deadly weapon. We conclude that there was sufficient evidence for a jury to find defendant guilty of assault on each law enforcement officer, and therefore, we affirm the trial court\u2019s judgment.\nDefendant contends that the evidence at most raises a reasonable inference of an assault on only the officer defendant fired at. \u201cThe rules of law in respect to assaults are plain, but their application to the facts is sometimes fraught with difficulty. Each case must depend upon its own peculiar circumstances.\u201d State v. Allen, 245 N.C. 185, 189, 95 S.E. 2d 526, 528 (1956). The circumstances of this case, briefly stated in a light most favorable to the State, involve three law enforcement officers approaching defendant\u2019s residence as a group. Defendant opened the door and shot his rifle toward the group, narrowly missing the officer closest to defendant.\nSuch circumstances are sufficient to make out a case of an assault. Defendant\u2019s actions clearly manifest a show of violence causing \u201cthe reasonable apprehension of immediate bodily harm,\u201d State v. Ingram, 237 N.C. 197, 201, 74 S.E. 2d 532, 535 (1953), whereby another (in this case all three officers) is put in fear, and thereby forced to leave a place where he has a right to be. State v. McIver, 231 N.C. 313, 56 S.E. 2d 604 (1949).\nThe trial court correctly submitted the charges against the defendant of assault to the jury. In the trial below we find\nNo error.\nJudges Hedrick and Eagles concur.", "type": "majority", "author": "HILL, Judge." } ], "attorneys": [ "Attorney General Rufus L. Edmisten by Assistant Attorney General William F. Briley for the State.", "George E. Crump, III, for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ROBERT LEE COLLINS\nNo. 8320SC651\n(Filed 7 February 1984)\nAssault and Battery 8 14.6\u2014 three charges of assault on law officer \u2014 sufficiency of evidence\nThe State\u2019s evidence was sufficient to be submitted to the jury on three separate charges of assault on a law enforcement officer with a deadly weapon where it tended to show that three law officers approached defendant\u2019s residence as a group and that defendant opened the door of his residence and shot his rifle toward the group, narrowly missing the officer closest to defendant.\nAppeal by defendant from Seay, Judge. Judgment entered 15 February 1983 in Superior Court, Richmond County. Heard in the Court of Appeals 17 January 1984.\nThe facts pertinent to this appeal are as follows: On the morning of 7 November 1982, three members of the Richmond County Sheriffs Department arrived at defendant\u2019s residence in order to serve an arrest warrant on defendant. As the three officers approached the front porch of the residence, defendant pushed the door open with a rifle. Defendant fired at the officer leading the group, grazing the officer\u2019s hairline. The three officers obtained cover, returned fire, and shortly thereafter apprehended defendant.\nDefendant was charged in three separate bills of indictment with assault on a law enforcement officer with a firearm. The charges were consolidated for trial. From the jury\u2019s verdict of guilty on each charge, defendant appeals.\nAttorney General Rufus L. Edmisten by Assistant Attorney General William F. Briley for the State.\nGeorge E. Crump, III, for defendant appellant." }, "file_name": "0466-01", "first_page_order": 498, "last_page_order": 500 }