{
  "id": 8605316,
  "name": "STATE v. NATHANIEL EDDIE DUNN",
  "name_abbreviation": "State v. Dunn",
  "decision_date": "1956-11-28",
  "docket_number": "",
  "first_page": "102",
  "last_page": "103",
  "citations": [
    {
      "type": "official",
      "cite": "245 N.C. 102"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 250,
    "char_count": 3503,
    "ocr_confidence": 0.577,
    "sha256": "6da481d1c760c50a79452d129d8dfa0b1b48d6f2dcacfc398ecd49fd1053bdf8",
    "simhash": "1:3b63cd1eb1f0f4ad",
    "word_count": 560
  },
  "last_updated": "2023-07-14T14:55:29.608424+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "JOHNSON, J., not sitting."
    ],
    "parties": [
      "STATE v. NATHANIEL EDDIE DUNN."
    ],
    "opinions": [
      {
        "text": "PeR Curiam.\nDefendant played the saxophone in the DeLesa Club band. While driving home, about 3:35 a.m., he \u201cran\u201d a stop sign and shortly thereafter failed to stop for a red light. A State Highway Patrolman observed him, \u201cblew his siren on him,\u201d and defendant stopped. Defendant exhibited his operator\u2019s license and registration card. He was arrested, indicted and tried for said traffic violations.\nWith defendant\u2019s permission, the officer searched defendant\u2019s car. He found in the glove compartment a glass tumbler, three hypodermic needles, a hypodermic syringe, gauze, and a small bottle of water labeled \u201cwater for injections, used for the preparation of solutions for injections.\u201d No habit forming drugs were found.\nThe officer testified: \u201cI asked the defendant what he was doing with that (the articles) in his car. He stated first that it was for penicillin, and I asked him the second time, and he stated that' he did not even know it was in there.\u201d According to the officer\u2019s testimony, defendant stated further that he frequently permitted others to use his car.\nThe testimony of defendant tended to exculpate him. According to defendant, the officer asked him: \u201cWhat do you do with this?\u201d And his answer was, \u201cLooks like you use it for penicillin\u201d; because it looked like the same thing used when he was given injections in the army.\nThe only character evidence was to the effect that defendant\u2019s general reputation in the community was good.\nThere is no evidence that defendant knew that these articles were in the glove compartment unless an inference of such knowledge may be drawn from the fact that they were there. Be that as it may, there is no evidence that these articles had been used or were possessed for the purpose of administering habit forming drugs.\nThe evidence, when considered in the light most favorable to the State, as the Attorney-General rightly concedes, does nothing more than raise a suspicion that defendant may be guilty of the offence charged.\nThe defendant\u2019s motion for judgment of nonsuit, aptly made at the close of all the evidence (G.S. 15-173), should have been allowed. Hence, the judgment of the court below is\nReversed.\nJOHNSON, J., not sitting.",
        "type": "majority",
        "author": "PeR Curiam."
      }
    ],
    "attorneys": [
      "Attorney-General Patton and Assistant Attorney-General Bruton for the State.",
      "Nance, Barrington & Collier for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. NATHANIEL EDDIE DUNN.\n(Filed 28 November, 1956.)\nNarcotics \u00a7 3\u2014\nEvidence that there was found in the glove compartment of defendant\u2019s car a glass tumbler, three hypodermic needles, a hypodermic syringe, gauze, and a small bottle of water labeled for use in injections, without finding any habit forming drugs and without evidence that the articles had been used or were possessed for the purpose of administering habit forming drugs, is insufficient to be submitted to the jury in a prosecution under G.S. 90-108.\nJohnson, J., not sitting.\nAppeal by defendant from Williams, J., May Criminal Term, 1956, O\u00cd CUMBERLAND.\nCriminal prosecution on bill of indictment charging that defendant, on 2 January, 1956, \u201cunlawfully, willfully and feloniously did have and possess a hypodermic syringe and needle adapted for the use of habit forming drugs by subcutaneous injections, and which was possessed for the purpose of administering habit forming drugs, in Violation of N. C. General Statute 90-108, . . .\u201d (Italics added.)\nUpon the jury\u2019s verdict of guilty as charged, judgment was pronounced imposing prison sentence. Defendant excepted and appealed, assigning errors.\nAttorney-General Patton and Assistant Attorney-General Bruton for the State.\nNance, Barrington & Collier for defendant, appellant."
  },
  "file_name": "0102-01",
  "first_page_order": 140,
  "last_page_order": 141
}