{
  "id": 8610512,
  "name": "STATE v. WILL SLOAN",
  "name_abbreviation": "State v. Sloan",
  "decision_date": "1930-10-22",
  "docket_number": "",
  "first_page": "598",
  "last_page": "599",
  "citations": [
    {
      "type": "official",
      "cite": "199 N.C. 598"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "198 N. C., 629",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8616705
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/198/0629-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 245,
    "char_count": 3231,
    "ocr_confidence": 0.478,
    "pagerank": {
      "raw": 7.649213317004721e-08,
      "percentile": 0.4517083814538994
    },
    "sha256": "28c233a9102f1f95a69c8650019f80ec45d5466571a3bc681cef919c41360876",
    "simhash": "1:efe2fb84fcd18779",
    "word_count": 538
  },
  "last_updated": "2023-07-14T19:48:33.288027+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. WILL SLOAN."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.,\nafter stating the case: Error is assigned because the trial court, in charging the jury, stated \u201cthe defendant admits he has a criminal record, more or less; that at one time he was convicted of larceny,\u201d etc., whereas the admission made by the prisoner was that he had been on the roads of Richmond County and \u201cthey claimed I took an automobile.\u201d' - The assignment is without merit. The court\u2019s statement is warr\u00e1nted by the cross-examination of the prisoner. There is no practicable difference between the defendant\u2019s testimony and the court\u2019s interpretation of it. For the court to say that the defendant admitted he had been convicted of larceny when his admission was that he had been on the roads charged with taking an automobile, could, in no event, be held for reversible error.\nFurthermore, the prisoner having omitted\u2019 to call the matter to the court\u2019s attention, at the proper time, so as to afford an opportunity to remove the objection, if any really existed, may not now, after verdict, challenge its correctness. S. v. Parker, 198 N. C., 629.\nThe remaining exceptions are equally untenable.\nNo error.",
        "type": "majority",
        "author": "Stacy, C. J.,"
      }
    ],
    "attorneys": [
      "Attorney-General Brummitt and Assistant Attorney-General Nash for the State.",
      "B. B. Dawes and B. I. Satterfield for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. WILL SLOAN.\n(Filed 22 October, 1930.)\n1. Criminal Law I g \u2014 Instruction in this case as to admissions of defendant held not erroneous.\nOn defendant\u2019s appeal from a conviction of murder, bis admission on cross-examination that he had been on the roads and \u201cthey claimed I took an automobile,\u201d is not sufficiently different from an instruction, \u201cthe defendant admits a criminal record more or less, and that he was convicted of larceny\u201d to make the statement in the charge reversible error.\n2. Same \u2014 Misstatement of admissions of defendant in charge must he brought to court\u2019s attention in apt time.\nAn error made by the judge in misstating exactly .an admission in' his charge to the jury, must be brought to his attention in order to afford time and opportunity for correction.\nAppeal by defendant from Grady, J., at August Term, 1930, of PERSON.\nCriminal prosecution tried upon an indictment charging the prisoner with the murder of one Phoebie Gillis.\nThe evidence on behalf of the State tends to show that during the night of 9 April, 1930, or the early morning of 10 April, the prisoner, Will Sloan, a colored man, burglariously entered a dwelling-house in Person County, murdered Phoebie Gillis, one of the occupants therein, by shooting her in the back as she fled from his assault, or threatened violence, ravished Mary Lee Gillis, another occupant of the house, successfully made his escape, and was arrested some time thereafter.\nTbe prisoner denied all knowledge of tbe crime, and offered evidence tending to establish an alibi. On cross-examination, be admitted that be bad run away from South Carolina in 1925. \u201cI ran away off tbe chain-gang. I was on the county roads of Richmond County. They claimed I took an automobile. I have been up for reckless' driving and speeding, and on a charge of murder once, but was not convicted.\u201d\nYerdict: Guilty of murder in the first degree;\nJudgment: Death by electrocution.\nThe prisoner appeals, assigning errors.\nAttorney-General Brummitt and Assistant Attorney-General Nash for the State.\nB. B. Dawes and B. I. Satterfield for defendant."
  },
  "file_name": "0598-01",
  "first_page_order": 666,
  "last_page_order": 667
}