{
  "id": 8553770,
  "name": "STATE OF NORTH CAROLINA v. CARY WORTH JERMAN",
  "name_abbreviation": "State v. Jerman",
  "decision_date": "1970-11-18",
  "docket_number": "No. 7026SC406",
  "first_page": "697",
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      "year": 1967,
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    {
      "cite": "271 N.C. 379",
      "category": "reporters:state",
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  "last_updated": "2023-07-14T14:50:15.842675+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [
      "Judges Brock and Graham concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CARY WORTH JERMAN"
    ],
    "opinions": [
      {
        "text": "MORRIS, Judge.\nDefendant\u2019s first two assignments of error are directed to the denial of his motions for judgment as of nonsuit. Our Supreme Court has said in State v. Cutler, 271 N.C. 379, 156 S.E. 2d 679 (1967), that \u201c(u)pon a motion for judgment as of nonsuit in a criminal action, the evidence must be considered by the court in the light most favorable to the State, all contradictions and discrepancies therein must be resolved in its favor and it must be given the benefit of every reasonable inference to be drawn from the evidence.\u201d Our Supreme Court has also said that \u201c (r) egardless of whether the evidence is direct, circumstantial, or both, if there is evidence from which a jury could find that the of\u00edense charged has been committed and that defendant committed it, the motion to nonsuit should be overruled.\u201d State v. Goines, 273 N.C. 509, 160 S.E. 2d 469 (1968), and cases there cited. This Court has laid down the same tests in State v. Williams, 3 N.C. App. 463, 165 S.E. 2d 52 (1969). Applying these principles to the evidence in this case, it is obvious that there was plenary evidence from which the jury could find that the offense charged had been committed and that the defendant committed it. These assignments of error are overruled.\n\u201cThe motion to set aside the verdict as being contrary to the evidence was addressed to the sound discretion of the trial judge, whose ruling is not reviewable on appeal in absence of manifest abuse of discretion.\u201d State v. Massey, 273 N.C. 721, 161 S.E. 2d 103 (1968). No abuse of discretion has been shown.\nIn the trial of this case in the Superior Court, we find\nNo error.\nJudges Brock and Graham concur.",
        "type": "majority",
        "author": "MORRIS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Morgan by Staff Attorney Thomas B. Wood for the State appellee.",
      "W. H. Scarborough for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CARY WORTH JERMAN\nNo. 7026SC406\n(Filed 18 November 1970)\n1. Homicide \u00a7 21\u2014 second-degree murder prosecution \u2014 sufficiency of evidence\nThe State\u2019s evidence in this second-degree murder prosecution was sufficient to be submitted to the jury.\n2. Criminal Law \u00a7 106\u2014 sufficiency of evidence to withstand nonsuit motion\nRegardless of whether the evidence is direct, circumstantial, or both, if there is evidence from which a jury could find that the offense charged has been committed and that the defendant committed it, the motion for nonsuit should be overruled.\n3. Criminal Law \u00a7 132\u2014 motion to set aside verdict\nThe motion to set aside the verdict as being contrary to the evidence is addressed to the sound discretion of the trial judge, whose ruling is not reviewable on appeal in the absence of manifest abuse of discretion.\nAppeal from Anglin, J., 16 March 1970 Schedule \u201cC\u201d Criminal Session, Mecklenburg Superior Court.\nDefendant Jerman was charged with second-degree murder as a result of the fatal shooting of Glenn Trull at the place of business of the deceased on 9 August 1969. The State\u2019s evidence consisted of the testimony of five witnesses. The first witness, W. R. Trull, a member of the Meekenburg County Police force, testified that he observed the premises in question on 9 August 1969 and that when he arrived at the scene, the deceased was lying on the floor in a pool of blood with two bullet holes in his chest. Ronnie Ballard testified that he saw the defendant enter the barber shop of the deceased carrying a rifle. He then testified that the deceased went into the back part of his barber shop and that the defendant followed him. \u201cThe defendant, Mr. Jerman, went to the room and pushed the door open and there were some words, and then Mr. Jerman started shooting. He was shooting in the room. I saw the defendant, Cary Worth Jerman, shoot Glenn Trull.\u201d On redirect examination, Mr. Ballard identified the defendant as being the man that he saw shoot the deceased. \u201cYes sir, I can point him out. The defendant. In relation to the three people sitting at the table, he is in the middle.\u201d Joe Enos Lopez, Jr., then testified that he saw a man come through the door with a rifle. At this time he grabbed up his two children and ran out the door, and he could not identify the man who came in with the rifle. Raymond John LeCosse then testified that he saw the defendant leave the barber shop and get in his pickup truck. Dr. Hobart R. Wood testified that he was a Medical Examiner for Mecklenburg County and that he performed an autopsy on the deceased. Defendant then stipulated through his counsel, that Glenn Roscoe Trull died of gunshot wounds on 9 August 1969.\nAt the close of the State\u2019s evidence, defendant\u2019s motion for judgment as of nonsuit was denied. Defendant offered no evidence but renewed his motion which was again denied. The jury returned a verdict of guilty, and defendant moved to set the verdict aside as being contrary to the evidence. This motion was denied.\nAttorney General Morgan by Staff Attorney Thomas B. Wood for the State appellee.\nW. H. Scarborough for defendant appellant."
  },
  "file_name": "0697-01",
  "first_page_order": 721,
  "last_page_order": 723
}