{
  "id": 2221562,
  "name": "STATE v. ROBY SPENCER",
  "name_abbreviation": "State v. Spencer",
  "decision_date": "1936-04-08",
  "docket_number": "",
  "first_page": "827",
  "last_page": "828",
  "citations": [
    {
      "type": "official",
      "cite": "209 N.C. 827"
    }
  ],
  "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": "167 S. E., 456",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "204 N. C., 28",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8610419
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/204/0028-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 204,
    "char_count": 2445,
    "ocr_confidence": 0.492,
    "pagerank": {
      "raw": 1.658391826144591e-07,
      "percentile": 0.6938852419581218
    },
    "sha256": "1f89badf5740a1ee26c480b658f90ac2266702f260013086f05336a062aa0b25",
    "simhash": "1:34709f840a292f7c",
    "word_count": 421
  },
  "last_updated": "2023-07-14T22:34:31.527681+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. ROBY SPENCER."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nIt is conceded in the State\u2019s brief the trial court was inattentive to ch. 311, sec. 2, Public Laws 1935, which provides that driving faster than 45 miles per hour, under conditions here described, \u201cshall be prima facie evidence that the speed is not reasonable or prudent, and that it is unlawful.\u201d\nIt also appears from a careful perusal of the charge as a whole that the test of civil liability, rather than that of criminal responsibility, was applied in determining the defendant\u2019s guilt. S. v. Cope, 204 N. C., 28, 167 S. E., 456.\nThis necessarily works a new trial. It is so ordered.\nNew trial.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Attorney-General Seawell and Assistant Attorney-General McMullan for the State.",
      "J. V. Wilson and H. M. Robins for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. ROBY SPENCER.\n(Filed 8 April, 1936.)\n1. Automobiles C c\u2014\nDriving an automobile in excess of 45 miles per bour in tbe country on a public highway is prima facie evidence that the speed is unlawful, ch. 311, sec. 2, Public Laws 1935, but an instruction that the law prohibits a speed in excess of 45 miles per hour is erroneous.\n2. Automobiles P b\u2014\nIn this prosecution for manslaughter, resulting from an automobile accident, defendant is held entitled to a new trial for error in the charge applying the test of civil liability rather than of criminal responsibility.\nAppeal by defendant from Clement, J., at September Term, 1935, of Randolph.\nCriminal prosecution, tried upon indictment charging the defendant and another with manslaughter.\nThere is evidence tending to show that on the night of 19 May, 1935, the defendant, while intoxicated, was driving an automobile on Highway No. 70, at an excessive rate of speed, on the wrong side of the road, when he collided with another car, driven by Amos Kearns, and in which Aileen Luther was riding. Shortly after the collision Aileen Luther was found dead in the Kearns car.\nThere is also evidence from which the jury could infer that the deceased met her death as a result of the collision. There is other evidence tending to show that she was dead before the collision occurred.\nThe judge charged the jury \u201cthe law provides that one shall not drive an automobile at a greater rate of speed than 45 miles an hour out in the country on the public highway.\u201d Exception.\nYerdict: Guilty as charged in bill of indictment.\nJudgment: Imprisonment in State\u2019s Prison for not less than eight nor more than twelve years.\nDefendant appeals, assigning errors.\nAttorney-General Seawell and Assistant Attorney-General McMullan for the State.\nJ. V. Wilson and H. M. Robins for defendant."
  },
  "file_name": "0827-01",
  "first_page_order": 889,
  "last_page_order": 890
}