{
  "id": 8548074,
  "name": "STATE OF NORTH CAROLINA v. AUGUSTA BELL alias GUS BELL",
  "name_abbreviation": "State v. Bell",
  "decision_date": "1970-07-15",
  "docket_number": "No. 7012SC393",
  "first_page": "65",
  "last_page": "66",
  "citations": [
    {
      "type": "official",
      "cite": "9 N.C. App. 65"
    }
  ],
  "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": 171,
    "char_count": 2081,
    "ocr_confidence": 0.531,
    "sha256": "70d18f02e077c136c16b3bc5dea3228477d043d2fb3392ea964963fd8a262e13",
    "simhash": "1:f87e9aa056b22f53",
    "word_count": 356
  },
  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Brock and Hedrick, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. AUGUSTA BELL alias GUS BELL"
    ],
    "opinions": [
      {
        "text": "Britt, J.\nThe only assignments of error brought forward in defendant\u2019s brief are that the trial court erred (1) in denying defendant\u2019s motions for nonsuit and (2) in denying defendant\u2019s motion to set the verdict aside as being against the weight of the evidence.\nWe have carefully reviewed the testimony presented at the trial and hold that it was sufficient to survive the motions for nonsuit and the assignment of error relating thereto is overruled.\nAs to the second assignment of error, it is well settled in this jurisdiction that a motion to set aside the verdict as being against the weight of the evidence is addressed to the discretion of the trial court, and its refusal to grant the motion is not reviewable on appeal. 8 Strong, N. C. Index 2d, Criminal Law, \u00a7 132, pp. 55-56. The assignment of error is overruled.\nWe have carefully reviewed the entire record and find that it is free from prejudicial error. The defendant received a fair trial and the sentence imposed is within the limits allowed by statute.\nNo error.\nBrock and Hedrick, JJ., concur.",
        "type": "majority",
        "author": "Britt, J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan and Staff Attorney Edward L. Batman, Jr., for the State.",
      "Elizabeth C. Fox for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. AUGUSTA BELL alias GUS BELL\nNo. 7012SC393\n(Filed 15 July 1970)\n1. Robbery \u00a7 4\u2014 sufficiency of evidence\nThe State\u2019s evidence was sufficient to be submitted to the jury in this prosecution for common law robbery.\n2. Criminal Law \u00a7 132\u2014 motion to set aside verdict \u2014 appellate review\nA motion to set aside the verdict as being against the weight of the evidence is addressed to the discretion of the trial court, and refusal to grant the motion is not reviewable on appeal.\nAppeal by defendant from Bickett, J., 10 November 1969 Regular Conflict Criminal Session, Cumberland Superior Court.\nBy indictment proper in form defendant was charged with common law robbery on or about 3 April 1969. He pleaded not guilty, the jury found him guilty as charged, and from judgment imposing active prison sentence of not less than eight nor more than ten years he appealed.\nAttorney General Robert Morgan and Staff Attorney Edward L. Batman, Jr., for the State.\nElizabeth C. Fox for defendant appellant."
  },
  "file_name": "0065-01",
  "first_page_order": 89,
  "last_page_order": 90
}