{
  "id": 8547893,
  "name": "STATE OF NORTH CAROLINA v. BUDDY JIM COBB",
  "name_abbreviation": "State v. Cobb",
  "decision_date": "1970-07-15",
  "docket_number": "No. 7024SC351",
  "first_page": "51",
  "last_page": "53",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 51"
    }
  ],
  "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": 234,
    "char_count": 3495,
    "ocr_confidence": 0.559,
    "sha256": "e5453e9e8476c6bf909b7e5092b3c140a0abbd80894a3875bbf05be07bf1adc3",
    "simhash": "1:1c8fb560caf63e23",
    "word_count": 603
  },
  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Morris and Graham, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. BUDDY JIM COBB"
    ],
    "opinions": [
      {
        "text": "Mallard, C. J.\nThe evidence for the State tended to show that the defendant, on 11 July 1966, was committed under a proper judgment of the Superior Court of Gaston County to the State prison system to serve a two-year term for the misdemeanor of non-felonious breaking and entering. He was subsequently assigned to State Prison Camp #087 located in Watauga County, and on 18 March 1967 he was serving this sentence. On 13 March 1967 appellant was locked in a cell block with several other inmates. After 7:00 in the evening of that day, the bars to a window in this cell block were severed by means of a saw. Eight of the inmates attempted to escape by exiting the cell block through this aperture. Appellant was apprehended outside the cell block. During this period the doors of the cell remained locked, and the only means of egress was by way of the window. The window did not lead to the outside but did lead to the grounds within the prison fence.\nThe defendant testified that he made no attempt to escape. He stated that an officer observed him at the window as he, the defendant, was trying to re-set the bars to conceal the escape attempt of the others. Defendant testified that the officer \u201ctook me out\u201d of the window to \u201csee\u201d the sergeant in the sergeant\u2019s effort to determine how many men used the window to get outside the cell block.\nThe defendant\u2019s assignment of error that the trial court committed error in denying the defendant\u2019s motion for judgment of nonsuit at the end of the State\u2019s evidence is without merit. There was ample evidence of the defendant\u2019s guilt to require submission of the case to the jury.\nIn the judgment and commitment as it appears in this record, the statute under which the defendant was convicted was erroneously referred to as \u201cG.S. 148.48\u201d instead of G.S. 148-45. This is not prejudicial to the defendant.\nThe sentence imposed does not exceed that permitted by the statute, G.S. 148-45. We have examined the record, and no prejudicial error is made to appear.\nNo Error.\nMorris and Graham, JJ., concur.",
        "type": "majority",
        "author": "Mallard, C. J."
      }
    ],
    "attorneys": [
      "Attorney General Morgan and Deputy Attorney General Benoy for the State.",
      "John H. Bigham for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. BUDDY JIM COBB\nNo. 7024SC351\n(Filed 15 July 1970)\n1. Escape \u00a7 1\u2014 felonious escape \u2014 sufficiency of evidence\nIn a prosecution for felonious escape, the State\u2019s evidence was sufficient to submit the case to the jury, where there was testimony that eight inmates of the cell in which defendant was a prisoner attempted to escape through a severed cell window and that defendant was apprehended outside the cell block, and where defendant himself testified that he was caught while attempting to re-set the bars of the window in order to conceal the escape of the others. G.S. 148-45.\n2. Escape \u00a7 1; Criminal Law \u00a7 137\u2014 mistake in judgment \u2014 statutory reference\nThe fact that the judgment and commitment in an escape prosecution erroneously referred to the escape statute as \u201cG.S. 148.48\u201d instead of G.S. 148-45, held not prejudicial to defendant.\nAppeal by defendant from McLean, J., 22 January 1970 Session of Superior Court held in Watauga County.\nDefendant was tried on a bill of indictment charging him with the felony of attempting to escape, in violation of G.S. 148-45. Upon his plea of not guilty, the verdict of the jury was \u201cguilty of aiding and abetting an attempted escape.\u201d\nFrom a judgment of imprisonment for the term of six months, the defendant, an indigent, appealed to the Court of Appeals.\nAttorney General Morgan and Deputy Attorney General Benoy for the State.\nJohn H. Bigham for defendant appellant."
  },
  "file_name": "0051-01",
  "first_page_order": 75,
  "last_page_order": 77
}