{
  "id": 8547590,
  "name": "STATE OF NORTH CAROLINA v. WILLIE SWANN",
  "name_abbreviation": "State v. Swann",
  "decision_date": "1970-07-15",
  "docket_number": "No. 7014SC387",
  "first_page": "18",
  "last_page": "21",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 18"
    }
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  "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."
  },
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    {
      "cite": "275 N.C. 644",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "5 N.C. App. 385",
      "category": "reporters:state",
      "reporter": "N.C. App.",
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      "cite": "158 S.E. 2d 80",
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      "reporter": "S.E.2d",
      "opinion_index": -1
    },
    {
      "cite": "272 N.C. 215",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8572136
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    {
      "cite": "93 S.E. 2d 431",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "244 N.C. 380",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2219561
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      "case_paths": [
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  "analysis": {
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Britt and Hedrick, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. WILLIE SWANN"
    ],
    "opinions": [
      {
        "text": "Brock, J.\nDefendant\u2019s sole assignment of error is that the trial judge instructed the jury that it might return a verdict of guilty of manslaughter. It is defendant\u2019s argument that all of the evidence points to the crime of murder, and that the only controversy was whether defendant was the perpetrator. Under these circumstances defendant urges that it was error to submit the lesser offense of manslaughter to the jury.\nUpon the authority of State v. Stephens, 244 N.C. 380, 93 S.E. 2d 431, this assignment of error is overruled.\nNo error.\nBritt and Hedrick, JJ., concur.",
        "type": "majority",
        "author": "Brock, J."
      }
    ],
    "attorneys": [
      "Attorney General Morgan, by Staff Attorney League, for the State.",
      "Jerry L. Jarvis for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. WILLIE SWANN\nNo. 7014SC387\n(Filed 15 July, 1970)\nHomicide \u00a7 30\u2014 second degree murder \u2014 submission of manslaughter \u2014 prejudice to defendant\nIn this prosecution for second degree murder, defendant was not prejudiced by the submission to the jury of the issue of defendant\u2019s guilt of manslaughter, notwithstanding defendant\u2019s contention that all of the evidence pointed to the crime of murder and that the only controversy was whether defendant was the perpetrator.\nAppeal by defendant from Canaday, J16.February 1970 Session, Durham Superior Court.\nBee James, a Negro male, aged 70, was killed in Ms rural home-store on Wednesday, 20 May 1964. Severe blows to his head caused immediate unconsciousness and death within a few minutes. When discovered, his lifeless body was lying on the porch. The body and building were partially burned in an apparent effort to conceal the crime.\nDefendant was arrested 22 May 1964 upon a warrant charging him with the murder of Bee James on 20 May 1964. The record of the events between defendant's arrest on 22 May 1964 and his trial at the 16 February 1970 Session is recounted below.\nA bill of indictment charging that defendant, on 20 May 1964, murdered Bee James, was returned at June 1964 Criminal Session. C. C. Malone, Jr., court-appointed counsel, first conferred with defendant in the Durham County Jail on June 2 or 3, 1964. On 18 June 1964, the court, on motion of Mr. Malone, entered an order committing defendant to Cherry Hospital for sixty days for observation. G.S. 122-91. On 1 September 1964, at the request of the superintendent, the court entered an order extending for sixty days the period for examination.\nOn 12 October 1964, the court was advised that, in the opinion of the examining physicians, defendant was not able to stand trial. At 15 October 1964 Criminal Session, a jury was impaneled to pass upon the competency of defendant to stand trial. The court submitted this issue: \u201cIs the Defendant insane and without sufficient mental capacity to undertake his defense or to receive sentence in this case ?\u201d After hearing evidence, the jury answered the issue, \u201cYes.\u201d Thereupon, the court ordered that defendant be committed to Cherry Hospital for an indeterminate period.\nDefendant was confined at Cherry Hospital from 19 June 1964, until October, 1966, at which time he was returned to Durham County as being competent to stand trial. G.S. 122-84 and 87.\nAt December 1966 Criminal Session, defendant pleaded not guilty to said murder indictment returned at June 1964 Criminal Session and was tried thereon. A mistrial was ordered on account of the jury\u2019s inability to agree on a verdict.\nAt February 1967 Criminal Session, defendant was again tried on said murder indictment returned at June 1964 Criminal Session. Defendant was found guilty of murder in the second degree and judgment, imposing a prison sentence of not less than twenty-eight nor more than thirty years, was pronounced. Upon defendant\u2019s appeal, judgment was affirmed by the Supreme Court of North Carolina. State v. Swann, 272 N.C. 215, 158 S.E. 2d 80, decided 13 December 1967.\nOn 15 March 1968, defendant initiated post-conviction proceedings under G.S. 15-217 et seq. The court appointed Jerry L. Jarvis to represent defendant in said proceedings. At the 3 June 1968 Special Criminal Session of Durham Superior Court, J. William Copeland, the Presiding Judge, entered the following judgment: \u201cIt Is Ordered, Adjudged and Decreed that the Judgment entered at the February, 1967 Criminal Session of the Durham County Superior Court in case No. 66-CrS-64 be, and the same is hereby, set aside; that the bill of indictment therein be, and the same is hereby, quashed; and that the commitment issued on January 3, 1968, at the January 2, 1968 Criminal Session of the Durham County Superior Court in that case be, and the same is hereby, withdrawn and declared to be void.\u201d\nThe quoted judgment was based on Judge Copeland\u2019s conclusion of law that the facts as found establish \u201ca prima facie case of systematic exclusion of Negroes because of race from service on the grand jury which returned the bill of indictment\u201d against defendant at June 1964 Criminal Session, and that \u201cthe State had not overcome such prima facie case by a showing of competent evidence that the institution and management of the jury system in Durham County, prior to January, 1968, was not in fact discriminatory.\u201d\nSimultaneously with the entry of Judge Copeland\u2019s said judgment, to wit, on 14 June 1968, defendant was arrested on a new warrant; and at 8 July 1968 Criminal Session, the grand jury returned a new bill of indictment. The warrant and bill of indictment charged that defendant, on 20 May 1964, murdered Bee James. The bill of indictment returned at June 1964 Criminal Session and that returned at 8 July 1968 Criminal Session contained identical provisions.\nDefendant was first tried on the bill of indictment returned at 8 July 1968 Criminal Session at the 26 August 1968 Criminal Session. A mistrial was ordered on account of the jury\u2019s inability to agree on a verdict. In a second trial thereon, at 5 December 1968 Criminal Session, the presiding judge, under circumstances and for reasons not disclosed by the record, withdrew a juror and ordered a mistrial. In a third trial on the 1968 indictment, defendant was found guilty of murder in the second degree and appealed. This court affirmed the conviction (5 N.C. App. 385), but the Supreme Court found error and ordered a new trial (275 N.C. 644). The fourth trial on the 1968 indictment at the 16 February 1970 Session resulted in a verdict of guilty of manslaughter from which defendant now appeals.\nAttorney General Morgan, by Staff Attorney League, for the State.\nJerry L. Jarvis for the defendant."
  },
  "file_name": "0018-01",
  "first_page_order": 42,
  "last_page_order": 45
}