{ "id": 8357976, "name": "IN THE MATTER OF: LAMONT WALKER, A minor; JONAH JONES, A minor; JEFFREY JONES, A MINOR, AND FREDDIE WALKER, A MINOR", "name_abbreviation": "In re Walker", "decision_date": "1986-10-07", "docket_number": "No. 8612DC333", "first_page": "46", "last_page": "49", "citations": [ { "type": "official", "cite": "83 N.C. App. 46" } ], "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": "215 S.E. 2d 842", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1975, "opinion_index": 0 }, { "cite": "26 N.C. App. 276", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8551383 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/nc-app/26/0276-01" ] }, { "cite": "218 S.E. 2d 352", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1975, "opinion_index": 0 }, { "cite": "288 N.C. 285", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8568094 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/nc/288/0285-01" ] }, { "cite": "284 S.E. 2d 298", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "pin_cites": [ { "page": "305" } ], "opinion_index": 0 }, { "cite": "304 N.C. 447", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569083 ], "year": 1981, "pin_cites": [ { "page": "458" } ], "opinion_index": 0, "case_paths": [ "/nc/304/0447-01" ] }, { "cite": "296 S.E. 2d 649", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "opinion_index": 0 }, { "cite": "307 N.C. 62", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560587 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/nc/307/0062-01" ] }, { "cite": "291 S.E. 2d 577", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1982, "opinion_index": 0 }, { "cite": "306 N.C. 110", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567586 ], "year": 1982, "opinion_index": 0, "case_paths": [ "/nc/306/0110-01" ] }, { "cite": "328 S.E. 2d 904", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "74 N.C. App. 587", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525621 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/nc-app/74/0587-01" ] }, { "cite": "275 S.E. 2d 200", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1981, "opinion_index": 0 }, { "cite": "51 N.C. App. 153", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 2645518 ], "year": 1981, "opinion_index": 0, "case_paths": [ "/nc-app/51/0153-01" ] }, { "cite": "313 S.E. 2d 862", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1984, "opinion_index": 0 }, { "cite": "67 N.C. App. 708", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8527125 ], "year": 1984, "opinion_index": 0, "case_paths": [ "/nc-app/67/0708-01" ] }, { "cite": "331 S.E. 2d 756", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "opinion_index": 0 }, { "cite": "76 N.C. App. 159", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8526864 ], "year": 1985, "opinion_index": 0, "case_paths": [ "/nc-app/76/0159-01" ] } ], "analysis": { "cardinality": 436, "char_count": 7711, "ocr_confidence": 0.803, "pagerank": { "raw": 2.579953395402223e-07, "percentile": 0.8171009197833542 }, "sha256": "f50459b08db5d0c00828d918cdf4eb05a4a801c83d1c390e5a29e097fbfd8e86", "simhash": "1:4373d972ee4d8c61", "word_count": 1255 }, "last_updated": "2023-07-14T16:07:52.921422+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Wells and Phillips concur." ], "parties": [ "IN THE MATTER OF: LAMONT WALKER, A minor; JONAH JONES, A minor; JEFFREY JONES, A MINOR, AND FREDDIE WALKER, A MINOR" ], "opinions": [ { "text": "MARTIN, Judge.\nEach respondent contends on appeal that the trial court erred by failing to state affirmatively, in the juvenile adjudication orders, that the allegations of the juvenile petitions had been proved beyond a reasonable doubt. As to each respondent, the court made a similar finding of fact: \u201c[T]he Court after hearing all the evidence finds the allegations to be true.\u201d The State concedes that the court\u2019s failure to state the standard of proof used in making the determinations of delinquency constitutes reversible error and we agree. G.S. 7A-635 requires that the allegations of a juvenile petition alleging delinquency must be proved beyond a reasonable doubt. The pertinent provisions of G.S. 7A-637 provide: \u201cIf the judge finds that the allegations in the petition have been proved as provided by G.S. 7A-635, he shall so state.\u201d This Court has held that the provisions of the latter statute are mandatory and that it is reversible error for a trial court to fail to state affirmatively that an adjudication of delinquency is based upon proof beyond a reasonable doubt. In re Johnson, 76 N.C. App. 159, 331 S.E. 2d 756 (1985); In re Wade, 67 N.C. App. 708, 313 S.E. 2d 862 (1984).\nBy a separate assignment of error, respondent Jonah Jones contends that the evidence was insufficient to support an adjudication that he committed the offenses of breaking or entering and larceny. We agree.\nIn a juvenile adjudicatory hearing, the respondent is entitled to have the evidence evaluated by the same standards as apply in criminal proceedings against adults. In re Meant, 51 N.C. App. 153, 275 S.E. 2d 200 (1981); In re Dulaney, 74 N.C. App. 587, 328 S.E. 2d 904 (1985). The State, therefore, must present substantial evidence of each essential element of the offense charged and of respondent\u2019s being the perpetrator. State v. Myrick, 306 N.C. 110, 291 S.E. 2d 577 (1982). The evidence must be such that, when it is viewed in the light most favorable to the State, it is sufficient to raise more than a suspicion or possibility of the respondent\u2019s guilt. State v. Earnhardt, 307 N.C. 62, 296 S.E. 2d 649 (1982).\nThe State\u2019s evidence in the present case tended to show that Sharon Jones, a next door neighbor to the victim, saw Freddie Walker, Lamont Walker and Jeffrey Jones attempting to pry open a side door to the victim\u2019s residence. She also saw Jonah Jones standing in her yard and, according to her testimony, \u201che wasn\u2019t doing anything.\u201d Shortly thereafter, Sharon Jones observed the Walkers and Jeffrey Jones in the victim\u2019s garage. There was no evidence that Jonah Jones ever entered the garage. Two other witnesses testified that they saw Freddie Walker come from the direction of the victim\u2019s house with some fishing equipment, place it behind another house, and return in the direction of the victim\u2019s house. All four respondents were later seen coming from the direction of the victim\u2019s house on their bicycles. The evidence showed that neighborhood children frequently cut through the victim\u2019s yard while riding bicycles. There was no evidence that any of the bicycles, including the one on which Jonah Jones was riding, were the same bicycles as those allegedly taken from the victim\u2019s garage.\nThe foregoing evidence is insufficient to establish that Jonah Jones actually committed any essential element of the offenses with which he was charged. Nor does the evidence establish his guilt by reason of aiding and abetting the other respondents in the commission of the offenses. \u201cAn aider or abettor is a person who is actually or constructively present at the scene of the crime and who aids, advises, counsels, instigates or encourages another to commit the offense.\u201d State v. Barnette, 304 N.C. 447, 458, 284 S.E. 2d 298, 305 (1981). However, the mere presence of the defendant at the scene of the crime does not render him guilty of the offense as an aider and abettor; there must be some evidence tending to show that he had the intent to aid the perpetrators and that he, by his word or conduct, encouraged the commission of the offense or made it known that he would assist in its commission if necessary. State v. Sanders, 288 N.C. 285, 218 S.E. 2d 352 (1975); State v. Goodman, 26 N.C. App. 276, 215 S.E. 2d 842 (1975). Although the evidence in the present case shows that Jonah Jones was in a nearby yard when the offenses were committed, there was no evidence that he encouraged the others to commit the offenses or that he intended to provide assistance to them. The adjudication and disposition orders entered as to him must be reversed and the petition dismissed.\nRespondents also assign error to the manner in which the trial court conducted the dispositional hearings in these cases. Although we have examined their contentions and find no merit therein, we deem it unnecessary to discuss the matter in light of our holdings in these cases.\nIn summary, the adjudication and disposition orders entered as to Lamont Walker, Freddie Walker and Jeffrey Jones are vacated and their cases remanded for a new adjudicatory hearing consistent with this opinion. As to Jonah Jones, the orders of the District Court are reversed and his case is remanded for entry of judgment of dismissal.\nCase No. 85-J-402 \u2014 Lamont Walker \u2014 vacated and remanded.\nCase No. 85-J-403 \u2014 Jonah Jones \u2014 reversed and remanded.\nCase No. 85-J-404 \u2014 Jeffrey Jones \u2014vacated and remanded.\nCase No. 85-J-405 \u2014 Freddie Walker \u2014 vacated and remanded.\nJudges Wells and Phillips concur.", "type": "majority", "author": "MARTIN, Judge." } ], "attorneys": [ "Attorney General Lacy H. Thornburg, by Assistant Attorney General David Gordon for the State.", "Elizabeth Mant\u00f3n for respondent appellants." ], "corrections": "", "head_matter": "IN THE MATTER OF: LAMONT WALKER, A minor; JONAH JONES, A minor; JEFFREY JONES, A MINOR, AND FREDDIE WALKER, A MINOR\nNo. 8612DC333\n(Filed 7 October 1986)\n1. Infants \u00a7 20\u2014 adjudication of delinquency \u2014 failure to state standard of proof\nThe trial court erred in adjudicating respondents to be delinquent children without stating affirmatively in the adjudication orders that the allegations of the juvenile petitions had been proved beyond a reasonable doubt. N.C.G.S. \u00a7 7A-637.\n2. Infants \u00a7 18\u2014 juvenile \u2014 insufficient evidence of breaking or entering and larceny\nEvidence that respondent juvenile was in a nearby yard while three other juveniles broke into the victim\u2019s garage and removed property therefrom and that respondent and the three other juveniles were later seen coming from the direction of the victim\u2019s house on their bicycles was insufficient to support an adjudication that respondent committed the offenses of breaking or entering and larceny.\nAppeal by respondents from Guy, Judge. Judgments entered 5 December 1985 in District Court, CUMBERLAND County. Heard in the Court of Appeals 28 August 1986.\nRespondents Lamont Walker (age 10), Freddie Walker (age 12), Jeffrey Jones (age 12) and Jonah Jones (age 13) were each charged, in juvenile petitions, with felonious breaking or entering and felonious larceny. The petitions alleged that on 14 August 1985 respondents broke into Dar Stump\u2019s dwelling house and removed three bicycles and some fishing equipment therefrom. Respondents denied the allegations and entered pleas of not guilty.\nAn adjudication hearing was held on 5 December 1985. At the close of the State\u2019s evidence, the court denied each respondent\u2019s motion to dismiss. Respondents offered evidence through the testimony of Jeffrey Jones and Lamont Walker. At the conclusion of all of the evidence, the court adjudicated each respondent a delinquent juvenile and entered juvenile disposition orders placing each respondent on probation for one year and requiring payment of restitution and performance of community service work. Each respondent appealed.\nAttorney General Lacy H. Thornburg, by Assistant Attorney General David Gordon for the State.\nElizabeth Mant\u00f3n for respondent appellants." }, "file_name": "0046-01", "first_page_order": 74, "last_page_order": 77 }