{
  "id": 8630160,
  "name": "STATE v. DEWITT SKIPPER, ROY STEELE, ANNA RUDERMAN, GRADY H. McMAHAN, Alias GEORGE H. RUDERMAN",
  "name_abbreviation": "State v. Skipper",
  "decision_date": "1949-05-04",
  "docket_number": "",
  "first_page": "387",
  "last_page": "388",
  "citations": [
    {
      "type": "official",
      "cite": "230 N.C. 387"
    }
  ],
  "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": "50 S.E. 2d 895",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "229 N.C. 581",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        12167055
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/229/0581-01"
      ]
    },
    {
      "cite": "41 S.E. 2d 713",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "228 N.C. 612",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8627716
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/228/0612-01"
      ]
    }
  ],
  "analysis": {
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    "ocr_confidence": 0.499,
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    "sha256": "5eacda42fde3a54d2d512cbc8e19ebc3c892bc9c3bd9a8dd75345853b1fd025c",
    "simhash": "1:5e2bd5b55d5714dc",
    "word_count": 732
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  "last_updated": "2023-07-14T15:28:13.210119+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. DEWITT SKIPPER, ROY STEELE, ANNA RUDERMAN, GRADY H. McMAHAN, Alias GEORGE H. RUDERMAN."
    ],
    "opinions": [
      {
        "text": "DeviN, J.\nThe only exception brought forward in the defendant\u2019s appeal is the denial by the trial court of his motion for judgment of nonsuit. We have hereinbefore set out a summary of the pertinent evidence, and considering this in the light most favorable to the State (S. v. Massengill, 228 N.C. 612, 41 S.E. 2d 713), we are of opinion that there was sufficient evidence, pointing to the guilt of the appealing defendant as having participated in the commission of the crime charged in the bill of indictment, to warrant submission of the case to the jury. This view is supported by what was said in the recent cases of S. v. Frye, 229 N.C. 581, 50 S.E. 2d 895; S. v. Braxton, ante, 312; and S. v. Flynn, ante, 293. The motion for judgment of nonsuit was properly denied.\nIn the trial we find\nNo error.",
        "type": "majority",
        "author": "DeviN, J."
      }
    ],
    "attorneys": [
      "Attorney-General McMullan and Assistant Attorney-General Moody for the State.",
      "Ben F. Wellons for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. DEWITT SKIPPER, ROY STEELE, ANNA RUDERMAN, GRADY H. McMAHAN, Alias GEORGE H. RUDERMAN.\n(Filed 4 May, 1949.)\n1. Criminal Law \u00a7 52a (1)\u2014\nUpon motion to nonsuit, the evidence must be considered in the light most favorable to the State.\n2. Criminal Law \u00a7 52a (3): Larceny \u00a7 7\u2014\nCircumstantial evidence of defendant\u2019s guilt of larceny from the person held sufficient to be submitted- to the jury and overrule defendant\u2019s motion to nonsuit.\nAppeal by defendant Skipper from Shuford, Special Judge, September Term, 1948, of MeoicleNBURG. No error. '\nTbe four defendants were charged with larceny from the person of Elwin P. Joyce.\nThe evidence offered by the State tended to show that the prosecuting witness Joyce, a corporal in the U. S. Marine Corps, and another marine, were in a booth in a place near Charlotte known as \u201cEllie\u2019s Place,\u201d drinking beer, when defendants Skipper .and Steele joined them. Skipper offered a bottle of whiskey from which they drank. Soon the party was augmented by defendants Ruderman and McMahan who seemed well acquainted with the other defendants. Neither Joyce nor his companion had ever seen any of the defendants before. Before long Joyce and the four defendants left in an automobile belonging to Skipper and driven by Steele to get some more whiskey. At this time Joyce had $180 in money in his pocket. After riding around the- city, they drove out on a dirt road. Then they, stopped and got some whiskey, and shortly thereafter Joyce said he \u201cblacked out, due to the fact that the whiskey that Skipper gave me, it might have been doped, it could have.\u201d That was about 4 p.m. When Joyce woke up about 7 p.m. he was in some woods off the road. His erstwhile companions were gone, and so were his watch and money. He walked to a telephone and called the police.\nThe defendant Ruderman testified that at some drinking place Joyce who was very drunk became engaged in a quarrel with Steele in the course of which Steele knocked Joyce down and took his wallet and gave some money therefrom to the man in the house; that at this time Skipper was drunk and asleep in the car; that when they drove off again as Joyce continued trying to fight, McMahan and Steele put him out of the car off the road. The four defendants then drove to Monroe- and returned to Ellie\u2019s place about 9 :30 p.m., where they were shortly thereafter arrested. Ruderman testified, \u201cSteele and Skipper repaired a car at Monroe.\u201d When arrested officers found neither watch nor money on any of the defendants, save $2 in the possession of Ruderman which Steele said \u201cthe man had paid Skipper for working on his car.\u201d Joyce testified they were not in any fight; that he did not buy any whiskey, and did not leave the car after he got in it, \u201cuntil I was robbed or thrown out\u201d; that Skipper was on the back seat and did not get out while witness was conscious; that Skipper appeared to be or pretended to be asleep. Joyce\u2019s companion, who did not go on the ride, testified that when Skipper got in the ear he seemed to walk all right.\nSkipper did not testify nor did McMahan.\nThe jury rendered verdict of guilty as charged as to each defendant, and from judgment imposing sentence the defendant Skipper appealed.\nAttorney-General McMullan and Assistant Attorney-General Moody for the State.\nBen F. Wellons for defendant, appellant."
  },
  "file_name": "0387-01",
  "first_page_order": 443,
  "last_page_order": 444
}