{ "id": 8524880, "name": "STATE OF NORTH CAROLINA v. ROY McLAMB", "name_abbreviation": "State v. McLamb", "decision_date": "1984-11-06", "docket_number": "No. 8412SC200", "first_page": "220", "last_page": "223", "citations": [ { "type": "official", "cite": "71 N.C. App. 220" } ], "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": "321 S.E. 2d 907", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "312 N.C. 88", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4751393, 4755683, 4752995, 4758054, 4753414 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc/312/0088-04", "/nc/312/0088-02", "/nc/312/0088-05", "/nc/312/0088-03", "/nc/312/0088-01" ] }, { "cite": "316 S.E. 2d 893", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "69 N.C. App. 38", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525735 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc-app/69/0038-01" ] }, { "cite": "315 S.E. 2d 540", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "68 N.C. App. 599", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8527695 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc-app/68/0599-01" ] }, { "cite": "189 S.E. 2d 163", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "opinion_index": 0 }, { "cite": "281 N.C. 618", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8575729 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/nc/281/0618-01" ] }, { "cite": "186 S.E. 2d 631", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "opinion_index": 0 }, { "cite": "13 N.C. App. 588", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8554750 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/nc-app/13/0588-01" ] }, { "cite": "76 S.E. 2d 381", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1953, "opinion_index": 0 }, { "cite": "238 N.C. 130", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8600942 ], "year": 1953, "opinion_index": 0, "case_paths": [ "/nc/238/0130-01" ] }, { "cite": "102 S.E. 2d 241", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1958, "opinion_index": 0 }, { "cite": "247 N.C. 740", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628496 ], "year": 1958, "opinion_index": 0, "case_paths": [ "/nc/247/0740-01" ] }, { "cite": "292 S.E. 2d 7", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "opinion_index": 0 }, { "cite": "305 N.C. 588", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572289, 8572200, 8572235, 8572267, 8572177 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/nc/305/0588-05", "/nc/305/0588-02", "/nc/305/0588-03", "/nc/305/0588-04", "/nc/305/0588-01" ] }, { "cite": "287 S.E. 2d 458", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "opinion_index": 0 }, { "cite": "56 N.C. App. 210", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8520177 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/nc-app/56/0210-01" ] }, { "cite": "185 S.E. 2d 147", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "280 N.C. 167", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570300 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/280/0167-01" ] }, { "cite": "316 S.E. 2d 79", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "311 N.C. 283", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 4682240 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc/311/0283-01" ] } ], "analysis": { "cardinality": 366, "char_count": 6272, "ocr_confidence": 0.8, "pagerank": { "raw": 2.407533572502778e-07, "percentile": 0.7995968104704174 }, "sha256": "be8e57901620e310d6e3833aa10f0593a82a434ea7848e54d78449317c93b774", "simhash": "1:eaa1c643454f0768", "word_count": 1046 }, "last_updated": "2023-07-14T17:51:06.115640+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges ARNOLD and HILL concur." ], "parties": [ "STATE OF NORTH CAROLINA v. ROY McLAMB" ], "opinions": [ { "text": "WELLS, Judge.\nFirst, defendant assigns error to the refusal of the trial court to allow defendant to exercise a peremptory challenge to a juror who, after the jury was impaneled, informed the court that she had made an incorrect response on voir dire as to whether she knew any of the state\u2019s witnesses. The events on which this assignment is based were as follows. After the jury was impaneled and opening statements had been made by the state, but before the presentation of evidence, the trial judge indicated that a juror had admitted that she knew the state\u2019s witness Mary Sue Hammonds, stating that she had previous business dealings with Hammonds. Defendant\u2019s counsel then pointed out to the court that Hammonds was to be one of the state\u2019s chief witnesses and asked that the juror be removed for cause. After an examination by the trial court into the juror\u2019s relationship with Hammonds, this request was denied. Defendant\u2019s counsel then sought to remove the juror by exercising his last remaining peremptory challenge. This motion was also denied. The trial court\u2019s refusal to allow defendant to exercise his peremptory challenge denied defendant a fair trial and was reversible error. See State v. Colbert, 311 N.C. 283, 316 S.E. 2d 79 (1984).\nIn his next argument, defendant contends that the conspiracy indictment was fatally defective because it failed to state the name of the person to whom defendant agreed to sell cocaine or, alternatively, to state that the person\u2019s name was unknown, relying on State v. Bennett, 280 N.C. 167, 185 S.E. 2d 147 (1971). In Bennett the court held that an indictment for sale (of a controlled substance) must state the name of the person to whom the sale was made or must allege in the alternative that the name of the person was unknown. We reject defendant\u2019s argument and refuse to extend the Bennett rule as to sale to indictments for conspiracy to sell and deliver controlled substances. In this case, the indictment charged defendant with conspiring with Hammonds and others \u201cto sell or deliver cocaine.\u201d These allegations were sufficient to put defendant on notice as to the charge against him. See State v. Bowen, 56 N.C. App. 210, 287 S.E. 2d 458, disc. rev. denied, 305 N.C. 588, 292 S.E. 2d 7 (1982).\nDefendant\u2019s argument, however, has led us to an examination of the record proper, which discloses other errors. Each indictment in this case alleged the offenses of sale or delivery, in the disjunctive. This was incorrect. State v. Helms, 247 N.C. 740, 102 S.E. 2d 241 (1958); State v. Albarty, 238 N.C. 130, 76 S.E. 2d 381 (1953). Defendant not having moved to dismiss, he waived this defect for purposes of trial. State v. Kelly, 13 N.C. App. 588, 186 S.E. 2d 631, rev\u2019d on other grounds, 281 N.C. 618, 189 S.E. 2d 163 (1972). In this case, however, the verdicts submitted to the jury were also in the disjunctive, i.e., guilty of \u201cpossession with intent to sell or deliver\u201d; guilty of \u201csale or delivery\u201d; and guilty of conspiracy to \u201csell or deliver.\u201d These verdicts, being inherently ambiguous, do not support the judgments, State v. Albarty, supra, State v. Creason, 68 N.C. App. 599, 315 S.E. 2d 540 (1984), and require a new trial.\nFor the reasons stated, there must be a\nNew trial.\nJudges ARNOLD and HILL concur.\n. We are aware that in State v. Rozier, 69 N.C. App. 38, 316 S.E. 2d 893, cert. denied, 312 N.C. 88, 321 S.E. 2d 907 (1984), another panel of this court has reached a different result. The Rozier court did not mention or discuss either Helms or Albarty.\n. We are aware that in Rozier another panel of this court apparently failed to find any fault with similar disjunctive verdicts. The Rozier court did not mention or discuss either Albarty or Creason. We follow Creason.", "type": "majority", "author": "WELLS, Judge." } ], "attorneys": [ "Attorney General Rufus L. Edmisten, by Assistant Attorney General James Peeler Smith, for the State.", "Appellate Defender Adam Stein, by Assistant Appellate Defender David W. Dorey, for defendant" ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ROY McLAMB\nNo. 8412SC200\n(Filed 6 November 1984)\n1. Jury 8 7.14\u2014 admission of incorrect statement by juror \u2014 refusal to permit peremptory challenge\nThe trial court erred in refusing to permit defendant to exercise a peremptory challenge to a juror who, after the jury was impaneled and the State made its opening statement, informed the court that she had made an incorrect response on voir dire as to whether she knew any of the State\u2019s witnesses and that she had had previous business dealings with one of the State\u2019s chief witnesses.\n2. Narcotics 8 2\u2014 conspiracy to sell or deliver cocaine \u2014failure to allege buyer\u2019s name\nAn indictment for conspiracy to sell or deliver cocaine was not fatally defective because it failed to state the name of the person to whom defendant agreed to sell cocaine or to state that such person\u2019s name was unknown.\n3. Narcotics 8 5\u2014 sale or delivery \u2014 verdicts in disjunctive \u2014 ambiguity\nVerdicts in the disjunctive finding defendant guilty of possession of cocaine with intent \u201cto sell or deliver,\u201d \u201csale or delivery\u201d of cocaine and conspiracy \u201cto sell or deliver\u201d cocaine were inherently ambiguous and do not support the judgments imposed.\nAPPEAL by defendant from Brewer, Coy E., Judge. Judgment entered 16 November 1983 in CUMBERLAND County Superior Court. Heard in the Court of Appeals 18 October 1984.\nDefendant was indicted for possession of cocaine with intent to sell or deliver, sale or delivery of cocaine, and conspiracy to sell or deliver cocaine. Following trial, defendant was convicted of (1) possession with intent to sell or deliver cocaine; (2) sale or delivery of cocaine; and (3) conspiracy to sell or deliver cocaine.\nAt trial, the state\u2019s evidence showed that William Simons, an undercover agent with the Fayetteville Police Department, arranged and carried out a purchase of cocaine from defendant. Simons was assisted in his purchase by the efforts of Mary Sue Hammonds, an acquaintance of defendant. Simons first contacted Hammonds, seeking to buy cocaine. Hammonds called defendant and arranged a purchase of cocaine from defendant, then accompanied Simons to defendant\u2019s residence where she made the purchase from defendant and delivered the cocaine to Simons.\nDefendant offered no evidence. Defendant has appealed all three convictions.\nAttorney General Rufus L. Edmisten, by Assistant Attorney General James Peeler Smith, for the State.\nAppellate Defender Adam Stein, by Assistant Appellate Defender David W. Dorey, for defendant" }, "file_name": "0220-01", "first_page_order": 254, "last_page_order": 257 }