{
  "id": 8524757,
  "name": "STATE OF NORTH CAROLINA v. JOHN JASPER GREEN, JR.",
  "name_abbreviation": "State v. Green",
  "decision_date": "1988-08-02",
  "docket_number": "No. 8710SC1229",
  "first_page": "127",
  "last_page": "128",
  "citations": [
    {
      "type": "official",
      "cite": "91 N.C. App. 127"
    }
  ],
  "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": {
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  "last_updated": "2023-07-14T21:33:36.579827+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Johnson and Smith concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JOHN JASPER GREEN, JR."
    ],
    "opinions": [
      {
        "text": "PHILLIPS, Judge.\nDefendant was convicted of conspiring with Claude Enoch and/or Randolph Fryar to traffic in more than 400 grams of cocaine in violation of G.S. 90-95. The trials of the three alleged conspirators were severed and Enoch had been tried and acquitted when defendant was tried. Nevertheless, in defendant\u2019s trial the court received into evidence out of court statements made by Enoch, refused to receive evidence of Enoch\u2019s prior acquittal, and charged the jury that it should find defendant guilty of the conspiracy if they found that he agreed with either Claude Enoch or Randolph Fryar to traffic in more than 400 grams of cocaine as charged in the indictment. These grave errors require a new trial and defendant\u2019s other contentions need not be discussed.\nInasmuch as a criminal conspiracy requires the agreement of two or more conspirators to the same criminal scheme it is inherent, as our Supreme Court held in State v. Tom, 13 N.C. (2 Devereaux) 569 (1830), that one cannot conspire with a non-conspirator. In that case, quite similar to this one, the defendant\u2019s conspiracy conviction was set aside because the trial judge instructed the jury that they could convict him if they found that he had conspired with an alleged co-conspirator who had been acquitted by another jury. In this case, since it had been determined that Claude Enoch was not a conspirator in the conspiracy defendant was being tried for, defendant\u2019s trial should have been conducted on that judicially established premise, rather than upon the foundationless and fictitious theory that Enoch was such a conspirator. We vacate defendant\u2019s conviction and remand the case to the Superior Court for a retrial consistent with this opinion.\nVacated and remanded.\nJudges Johnson and Smith concur.",
        "type": "majority",
        "author": "PHILLIPS, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Thornburg, by Associate Attorney General Robin W. Smith, for the State.",
      "John T. Hall for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JOHN JASPER GREEN, JR.\nNo. 8710SC1229\n(Filed 2 August 1988)\nNarcotics \u00a7 4\u2014 conspiracy to traffic in cocaine \u2014 conspirator acquitted \u2014 defendant not guilty of conspiracy\nDefendant could not be found guilty of conspiracy to traffic in cocaine where his alleged co-conspirator had been acquitted by another jury.\nAPPEAL by defendant from Farmer, Judge. Judgment entered 24 July 1987 in Superior Court, WAKE County. Heard in the Court of Appeals 3 May 1988.\nAttorney General Thornburg, by Associate Attorney General Robin W. Smith, for the State.\nJohn T. Hall for defendant appellant."
  },
  "file_name": "0127-01",
  "first_page_order": 155,
  "last_page_order": 156
}