{
  "id": 8528000,
  "name": "STATE OF NORTH CAROLINA v. JAMES BERNARD McDERMOTT, III",
  "name_abbreviation": "State v. McDermott",
  "decision_date": "1984-06-05",
  "docket_number": "No. 8320SC972",
  "first_page": "786",
  "last_page": "787",
  "citations": [
    {
      "type": "official",
      "cite": "68 N.C. App. 786"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 158,
    "char_count": 1993,
    "ocr_confidence": 0.788,
    "sha256": "9ee58c00e573bf73771d4f709146725fbff9876cb73f953874eb7cc3053d20dc",
    "simhash": "1:0aa596b3b09fd8c8",
    "word_count": 332
  },
  "last_updated": "2023-07-14T17:24:21.303361+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Before Judges WEBB, BECTON and EAGLES."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES BERNARD McDERMOTT, III"
    ],
    "opinions": [
      {
        "text": "Both defendant and the State presented evidence. Defendant moved to dismiss the charge at the close of the State\u2019s evidence and to dismiss the charge and for a directed verdict at the close of all the evidence. He assigns as error the trial court\u2019s denial of those motions. Defendant argues that the evidence was not sufficient to support the charge of death by vehicle. Our review of the record in this case disclosed that there was ample evidence to support the charge submitted to the jury and that the court properly denied defendant\u2019s motions. Defendant\u2019s contention is without merit.\nWe have also carefully considered defendant\u2019s contention that it was error for the trial court to allow the court reporter to read a portion of one witness\u2019s testimony to the jury after the jury had retired. G.S. 15A-1233(a) clearly permits the trial court to do this. Defendant\u2019s contention is without merit.\nWe hold that defendant had a fair trial, free from prejudicial error.\nNo error.",
        "type": "majority",
        "author": null
      }
    ],
    "attorneys": [
      "Attorney General Edmisten by Assistant Attorney General Marilyn R. Rich, for the State.",
      "Seawell, Robbins, May & Rich, by P. Wayne Robbins, for defendant-appe llant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES BERNARD McDERMOTT, III\nNo. 8320SC972\n(Filed 5 June 1984)\n1. Automobiles and Other Vehicles \u00a7 113.1\u2014 death by vehicle \u2014 sufficiency of evidence\nThe evidence was sufficient for the jury in a prosecution for death by vehicle.\n2. Criminal Law \u00a7 122.1\u2014 reading testimony to jury during deliberations\nThe trial court did not err in permitting the court reporter to read a portion of one witness\u2019s testimony to the jury after the jury had retired. G.S. 15A-1233(a).\nAPPEAL by defendant from Seay, Judge. Judgment entered 19 May 1983 in Superior Court, MOORE County. Heard in the Court of Appeals 21 May 1984.\nDefendant was convicted of the misdemeanor of death by vehicle in connection with the death of Wendell Ritter. He received a sentence of eight to twelve months and appealed.\nAttorney General Edmisten by Assistant Attorney General Marilyn R. Rich, for the State.\nSeawell, Robbins, May & Rich, by P. Wayne Robbins, for defendant-appe llant.\nBefore Judges WEBB, BECTON and EAGLES."
  },
  "file_name": "0786-01",
  "first_page_order": 818,
  "last_page_order": 819
}