{ "id": 8552896, "name": "STATE OF NORTH CAROLINA v. BETTY HASKINS CURTIS", "name_abbreviation": "State v. Curtis", "decision_date": "1970-05-06", "docket_number": "No. 7025SC64", "first_page": "707", "last_page": "711", "citations": [ { "type": "official", "cite": "7 N.C. App. 707" } ], "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": "128 S.E. 2d 889", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "258 N.C. 453", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561130 ], "opinion_index": 0, "case_paths": [ "/nc/258/0453-01" ] }, { "cite": "132 S.E. 2d 354", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "260 N.C. 186", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8573591 ], "opinion_index": 0, "case_paths": [ "/nc/260/0186-01" ] }, { "cite": "171 S.E. 2d 339", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "7 N.C. App. 92", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8548258 ], "opinion_index": 0, "case_paths": [ "/nc-app/7/0092-01" ] }, { "cite": "171 S.E. 2d 416", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "276 N.C. 123", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560350 ], "opinion_index": 0, "case_paths": [ "/nc/276/0123-01" ] }, { "cite": "153 S.E. 2d 10", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "269 N.C. 329", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563543 ], "opinion_index": 0, "case_paths": [ "/nc/269/0329-01" ] }, { "cite": "167 S.E. 2d 241", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "275 N.C. 288", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558608 ], "opinion_index": 0, "case_paths": [ "/nc/275/0288-01" ] } ], "analysis": { "cardinality": 589, "char_count": 11835, "ocr_confidence": 0.578, "pagerank": { "raw": 1.668535508033228e-07, "percentile": 0.6955571541043513 }, "sha256": "433f051d0271b47514ca7f41dcafa93e82bca96a3a80e138693609664bef7698", "simhash": "1:97913406776d5fe2", "word_count": 1986 }, "last_updated": "2023-07-14T21:45:53.911218+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Britt and Graham, JJ., concur." ], "parties": [ "STATE OF NORTH CAROLINA v. BETTY HASKINS CURTIS" ], "opinions": [ { "text": "BrocK, J.\nDefendant assigns as error the admission in evidence of a photograph of deceased taken immediately after the autopsy which was performed four days after the alleged shooting. She argues stressfully that the sole purpose of the photograph was to inflame the minds of the jurors, to excite their passion, and prejudice them against the defendant. She does not argue or contend the photograph was inaccurate in any particular.\nThe fact that the photograph was taken and portrays the condition of the body at some time after the homicide occurred does not, of itself, make the photograph incompetent. State v. Atkinson, 275 N.C. 288, 167 S.E. 2d 241. And, the fact that a photograph is gory or gruesome will not alone render it inadmissible. State v. Forth, 269 N.C. 329, 153 S.E. 2d 10.\nOn 24 January 1969 Dr. John C. Reese, an admitted medical expert, and practicing pathologist, performed an autopsy upon the body of Ruby Nell Rutherford to determine the cause of her death. He testified in detail concerning his examination of the skull and brain to determine the cause of death. In his opinion \u201cthe track of the damage to the brain had been produced by a penetrating wound consistent with the track of the bullet.\u201d Dr. Reece also testified:\n\u201cThe brain was rather severely swollen and the swelling was in the area of the wound. In my opinion, death resulted from the brain damage and the destruction of the brain tissue and the swelling of which also caused the development of pneumonia.\u201d\nThere had been no admission or stipulation by defendant that Ruby Nell Rutherford died as the result of a gunshot wound to the head; therefore, under her plea of not guilty, the burden was upon the State to satisfy the jury beyond a reasonable doubt that the death was caused by \u00e1 gunshot wound to the head. The photograph met the test of relevance to illustrate the doctor\u2019s testimony as to how the cause of death was determined by him; its admission in evidence was not error.\nDefendant\u2019s assignments of errors Nos. 2, 3, 5 and 6 relate to the evidence of both oral and written statements by defendant to Mr. Wade McGalliard, chief investigator for the Burke County Sheriff\u2019s Department. It is defendant\u2019s contention that because of her intoxication she was incapable of knowingly waiving her constitutional rights to presence of counsel and to remain silent. There is no contention that she was not properly advised of all of her rights.\nThe record before us discloses no serious condition of intoxication at the time of the shooting or at the time of interrogation. One of defendant\u2019s witnesses who left the house moments before the shooting said he heard no kind of argument. He stated that defendant was drinking a beer, and he also stated: \u201cWhile I was in the house, I did not hear any conversation other than normal conversation in a normal tone. It was just a usual conversation in regular tones.\u201d Nowhere did he indicate that anyone was obviously intoxicated.\nAnother of defendant\u2019s witnesses, who was an eye witness to the shooting, stated:. \u201cWhen I went into the room, I saw Betty Curtis had some beer.\u201d However, nowhere did this witness indicate that anyone was obviously intoxicated.\nWhen Deputy McGalliard went to Clarence (Chief) Rutherford\u2019s house to investigate the shooting he said that defendant \u201chad a beer in her hand when I walked into the house.\u201d Deputy Mc-Galliard testified that he had known defendant for five or six years, and had seen her when she was sober and had seen her when she was drunk. He testified that at the time he interrogated defendant she had been drinking and to a certain extent she was under the influence of alcohol. However, he further testified that she showed him where the pistol was located, told him what had transpired, and did not say anything to indicate that she didn\u2019t understand what she was being questioned about. Later Deputy McGalliard typed defendant\u2019s statement, she read it, said it was correct, and signed it. Defendant did not testify. There is nothing in this record to support a conclusion that defendant was intoxicated to an extent that would render her incapable of giving a free and voluntary confession. These assignments of error are overruled.\nDefendant\u2019s assignment of error No. 4 challenges the ruling of .the trial judge in sustaining the State\u2019s objection to the following question propounded to defendant\u2019s witness Elbert (Goat) Conly: \u201cElbert, did this what occurred up there appear to you to be an accident?\u201d The record does not disclose what the witness\u2019 answer would have been had he been permitted to answer, therefore the exclusion of the testimony cannot be held prejudicial. State v. Kirby, 276 N.C. 123, 171 S.E. 2d 416; State v. Huffman, 7 N.C. App. 92, 171 S.E. 2d 339. Nevertheless, if we assume the witness would have answered \u201cyes\u201d, the answer would have been consistent with the verdict rendered. \u201cAny careless and reckless use of a loaded gun which jeopardizes the safety of another is unlawful, and if death results therefrom it is an unlawful homicide.\u201d State v. Brooks, 260 N.C. 186, 132 S.E. 2d 354. The unlawful killing of a human being, unintentionally and without malice, proximately resulting from some act done in a culpably negligent manner, when fatal consequences were not improbable under the existing circumstances, supports a verdict of guilty of involuntary manslaughter. 4 Strong, N.C. Index 2d, Homicide, \u00a7 6, p. 198. \u201cIt seems that, with few exceptions, it may be said that every unintentional killing of a human being proximately caused by a wanton or reckless use of firearms, in the absence of intent to discharge the weapon, or in the belief that it is not loaded, and under circumstances not evidencing a heart devoid of a sense of social duty, is involuntary manslaughter.\u201d State v. Foust, 258 N.C. 453, 128 S.E. 2d 889.\nDefendant\u2019s final assignment of error is to failure of the trial court to grant her motion for involuntary nonsuit. The evidence taken in the light most favorable to the State was clearly sufficient to support a finding that defendant was culpably negligent in handling the pistol. It seems that the jury returned its verdict consistent with defendant\u2019s evidence and defense.\nNo error.\nBritt and Graham, JJ., concur.", "type": "majority", "author": "BrocK, J." } ], "attorneys": [ "Attorney General Morgan, by Assistant Attorney General Smith, for the State.", "Simpson & Martin, by Wayne W. Martin, for defendant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. BETTY HASKINS CURTIS\nNo. 7025SC64\n(Filed 6 May 1970)\n1. Criminal Law \u00a7 43; Homicide \u00a7 20\u2014 photograph of deceased after autopsy \u2014 admissibility\nA photograph of deceased taken immediately after an autopsy that was performed four days after the alleged shooting, held admissible to illustrate the pathologist\u2019s testimony that the death was caused by a gunshot wound in the head.\n2. Criminal Law \u00a7 43\u2014 photograph of body \u2014 time \u2014 admissibility\nThe fact that the photograph was taken and portrays the condition of the body at some time after the homicide occurred does not, of itself, make the photograph incompetent.\n3. Criminal Law \u00a7 43\u2014 gruesome photographs \u2014 admissibility\nThe fact that a photograph is gory or gruesome will not alone render it inadmissible.\n4. Criminal Law \u00a7 75; Constitutional Law \u00a7 37\u2014 waiver of rights \u2014 issue of defendant\u2019s intoxication\nThe record fails to support defendant\u2019s contention that because of her intoxication she was incapable of knowingly waiving her constitutional rights to have counsel and to remain silent at the time of her interrogation by investigating officers.\n5. Criminal Law \u00a7 169\u2014 exclusion of testimony \u2014 prejudice\nThe exclusion of testimony cannot be held prejudicial when the record fails to disclose what the witness\u2019 answer would have been had he been permitted to answer.\n6. Criminal Law \u00a7 169; Homicide \u00a7 15\u2014 murder prosecution \u2014 exclusion of testimony of accident \u2014 harmless error\nIn a prosecution for murder in the second degree committed with a pistol, wherein the jury returned a verdict of guilty of involuntary manslaughter, defendant was not prejudiced by the exclusion of his witness\u2019 testimony as to whether or not the shooting was an accident, since, assuming the witness would have answered \u201cyes,\u201d the answer would have been consistent with the verdict.\n7. Homicide \u00a7 6\u2014 reckless use of loaded gun\nAny careless and reckless use of a loaded gun which jeopardizes the safety of another is unlawful, and if death results therefrom it is an unlawful homicide.\n8. Homicide \u00a7 6\u2014 involuntary manslaughter \u2014 elements\nThe unlawful killing of a human being, unintentionally and without malice, proximately resulting from some act done in a culpably negligent manner, when fatal consequences were not improbable under the existing circumstances, supports a verdict of guilty of involuntary manslaughter.\nAppeal by defendant from Collier, J., 11 August 1969 Session, BuRKE Superior Court.\nDefendant was charged in a bill of indictment with the murder of Ruby Nell Rutherford, with premeditation and deliberation, on 20 January 1969. The Solicitor for the State announced in open court that the State would not seek a conviction of murder in the first degree, but would seek a conviction of murder in the second degree or manslaughter.\nThe evidence for the State tended to show the following: The defendant, a 25 year old white female, quit her job on 6 January 1969 and moved into a house in the Lake James section of Burke County which was owned and occupied by Clarence (Chief) Rutherford, a negro male. She lived there at Clarence (Chief) Rutherford\u2019s house until 20 January 1969, the date of the alleged offense. During the morning of 20 January 1969 Ruby Nell Rutherford, a negro female, and several negro males gathered at the home of Clarence (Chief) Rutherford. At the time of the alleged offense all of the negro males except Elbert (Goat) Conly had left the house. Ruby Nell Rutherford was sitting on the bed in the house and defendant told her to get up so she could make up the bed. Ruby Nell Rutherford said she would get up when she got ready and defendant told her that she (defendant) stayed there and that Ruby didn\u2019t and to get up off the bed. Ruby said \u201cwe\u2019ll just fight\u201d and defendant said \u201coh no we won\u2019t\u201d. Defendant turned and picked a .38 caliber automatic pistol from off the headboard of the bed and pulled the hammer back. When defendant turned around the pistol fired and Ruby fell back across the bed. Elbert (Goat) Conly went for help and carried Ruby Nell Rutherford to the hospital. At the hospital a lead jacket bullet was surgically removed from the head of Ruby Nell Rutherford. She survived until 24 January 1969. On 24 January 1969 an autopsy was performed and in the opinion of the pathologist who performed the autopsy death resulted from the brain damage caused by a penetrating wound to the head.\nDefendant\u2019s evidence tended to show the following: Since 6 January 1969, when defendant moved into the house owned and occupied by Clarence (Chief) Rutherford, defendant had been drinking various alcoholic beverages regularly up until 20 January 1969, the day of the alleged offense. During the morning in question defendant was drinking beer and Ruby Nell Rutherford was drinking whiskey. Ruby Nell Rutherford and defendant were friends. Ruby Nell Rutherford was sitting on the bed and defendant was sitting in a chair. Defendant told Ruby Nell Rutherford to get up off the bed and Ruby said she would when she got ready. Defendant walked over, picked up the gun and when she turned it went off. Defendant said, \u201cOh my lord Goat, look what I\u2019ve done\u201d. Elbert (Goat) Conly then took Ruby to the hospital.\nUpon defendant\u2019s plea of not guilty she was tried by jury which found her guilty of involuntary manslaughter. From the verdict and judgment of confinement for not less than six nor more than ten years, defendant appealed.\nAttorney General Morgan, by Assistant Attorney General Smith, for the State.\nSimpson & Martin, by Wayne W. Martin, for defendant." }, "file_name": "0707-01", "first_page_order": 729, "last_page_order": 733 }