{ "id": 8527263, "name": "STATE OF NORTH CAROLINA v. DONALD GENE PHILLIPS", "name_abbreviation": "State v. Phillips", "decision_date": "1984-04-17", "docket_number": "No. 8328SC699", "first_page": "757", "last_page": "759", "citations": [ { "type": "official", "cite": "67 N.C. App. 757" } ], "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": "153 S.E. 2d 84", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "269 N.C. 507", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564474 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/nc/269/0507-01" ] }, { "cite": "75 S.E. 2d 654", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1953, "opinion_index": 0 }, { "cite": "237 N.C. 611", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8616733 ], "year": 1953, "opinion_index": 0, "case_paths": [ "/nc/237/0611-01" ] } ], "analysis": { "cardinality": 268, "char_count": 3748, "ocr_confidence": 0.793, "pagerank": { "raw": 2.0446031217563963e-07, "percentile": 0.7517434414129935 }, "sha256": "0cc93b89b8b211e454415b8474e5a61fbf72d6aa41630627d2b76216954f3a5c", "simhash": "1:d91beb790e1030b5", "word_count": 591 }, "last_updated": "2023-07-14T17:10:21.361774+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Wells and Braswell concur." ], "parties": [ "STATE OF NORTH CAROLINA v. DONALD GENE PHILLIPS" ], "opinions": [ { "text": "PHILLIPS, Judge.\nDefendant first contends that the indictment was fatally defective and thus the court was without jurisdiction to proceed to judgment. In pertinent part, G.S. 14-258.2, the law that he allegedly violated, reads as follows:\nAny person while in the custody of the Division of Prisons, or any person under the custody of any local confinement facility as defined in G.S. 153A-217, who shall have in his possession without permission or authorization a weapon capable of inflicting serious bodily injuries or death . . . shall be guilty of a misdemeanor. . . .\nThe indictment couched thereon, in pertinent part, was as follows:\nThe jurors for the State upon their oath present that on or about the 24th day of September, 1982, in Buncombe County Donald Gene Phillips, aka Donnie Phillips unlawfully and wilfully did feloniously possess one pocket knife while in the custody of the Division of Prisons, without permission or authorization, a weapon capable of inflicting bodily injury and using said weapon to inflict serious injury upon Franklin C. Leonard. This is in violation of the following law: G.S. 14-258.2.\nThe fatal defect, according to defendant, is that whereas the crime consists of possessing a weapon \u201ccapable of inflicting serious bodily injury,\u201d the indictment alleges only that a weapon \u201ccapable of inflicting bodily injury\u201d was possessed, which no statute forbids. But this deficiency was supplied elsewhere in the indictment. The allegation that the weapon possessed was used \u201cto inflict serious injury upon Franklin C. Leonard\u201d necessarily included the fact that the weapon was capable of inflicting such injury. An indictment is sufficient if it charges the statutory offense either in the language of the statute or specifically sets forth the acts constituting the offense. State v. Loesck, 237 N.C. 611, 75 S.E. 2d 654 (1953). Furthermore, by specifying that the weapon possessed was a pocket knife the indictment notified defendant that the weapon was capable of inflicting not only serious injuries, but lethal ones as well. State v. Wiggs, 269 N.C. 507, 153 S.E. 2d 84 (1967).\nThe defendant\u2019s two other assignments of error cannot be considered, since they are based on exceptions that the record shows were not properly taken. Rule 10, N.C. Rules of Appellate Procedure.\nNo error.\nJudges Wells and Braswell concur.", "type": "majority", "author": "PHILLIPS, Judge." } ], "attorneys": [ "Attorney General Edmisten, by Assistant Attorney General Kaye R. Webb, for the State.", "Appellate Defender Stein, by Assistant Appellate Defender Ann B. Petersen, for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. DONALD GENE PHILLIPS\nNo. 8328SC699\n(Filed 17 April 1984)\nWeapons and Firearms \u00a7 2\u2014 indictment for possession of dangerous weapon while prisoner\nAn indictment for unauthorized possession of a dangerous weapon while a prisoner was not fatally defective because it alleged that the weapon was capable of inflicting \u201cbodily injury\u201d rather than \u201cserious bodily injury\u201d where the indictment alleged that the weapon was a pocket knife and that the weapon was used to inflict serious injury upon a fellow prisoner.\nAPPEAL by defendant from Lewis, Robert D., Judge. Judgment entered 5 January 1983 in Superior Court, BUNCOMBE County. Heard in the Court of Appeals 18 January 1984.\nWhile an inmate at the Craggy Prison Unit in Buncombe County, defendant had a fight with another prisoner and stabbed him with a knife. Two serious wounds requiring long hospitalization and surgery were inflicted, in addition to several cuts. Defendant was charged with assault with a deadly weapon with intent to kill, inflicting serious injury, and unauthorized possession of a dangerous weapon while a prisoner. Upon being tried defendant was acquitted of the first charge, but convicted of the second.\nAttorney General Edmisten, by Assistant Attorney General Kaye R. Webb, for the State.\nAppellate Defender Stein, by Assistant Appellate Defender Ann B. Petersen, for defendant appellant." }, "file_name": "0757-01", "first_page_order": 789, "last_page_order": 791 }