{ "id": 8628215, "name": "STATE v. PAUL WILLIAMS, JR.", "name_abbreviation": "State v. Williams", "decision_date": "1957-10-09", "docket_number": "", "first_page": "688", "last_page": "690", "citations": [ { "type": "official", "cite": "246 N.C. 688" } ], "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": "55 S.E. 2d 800", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "231 N.C. 67", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628237 ], "opinion_index": 0, "case_paths": [ "/nc/231/0067-01" ] }, { "cite": "68 S.E. 14", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "152 N.C. 832", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11273266 ], "opinion_index": 0, "case_paths": [ "/nc/152/0832-01" ] } ], "analysis": { "cardinality": 293, "char_count": 3918, "ocr_confidence": 0.569, "pagerank": { "raw": 4.4916476050659184e-08, "percentile": 0.2817079296901093 }, "sha256": "c460d098419c339d26895841f42b2990381efbd7de731fbbc8aba66e1a3d3bf2", "simhash": "1:8f267e50118d197f", "word_count": 672 }, "last_updated": "2023-07-14T21:30:34.544387+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. PAUL WILLIAMS, JR." ], "opinions": [ { "text": "Per Curiam.\nAs to Williams, sole appellant, there was ample evidence to support the verdict; and consideration of each of his eleven assignments of error fails to disclose any error of law deemed sufficiently prejudicial to justify the award of a new trial.\nThe applicable principles of law are well established. No restatement thereof is required, nor would it serve a useful purpose to analyze in greater detail the evidence tending to establish appellant\u2019s guilt.\nWhile the evidence tends to show that the enmity of Fisher and Williams was directed primarily towards Keziah whom they knew and not against Pressley whom they did not know, mistaken identity of the victim is not a defense to the crime of felonious assault. S. v. West, 152 N.C. 832, 68 S.E. 14; S. v. Heller, 231 N.C. 67, 55 S.E. 2d 800.\nNo error.", "type": "majority", "author": "Per Curiam." } ], "attorneys": [ "Attorney-General Patton and Assistant Attorney-General Bruton for the State.", "James B. Ledford and L. Glen Ledford for defendant, appellant." ], "corrections": "", "head_matter": "STATE v. PAUL WILLIAMS, JR.\n(Filed 9 October, 1957.)\nAssault and Battery \u00a7 4\u2014\nMistaken identity of tbe victim is not a defense to tbe crime of felonious assault.\nAppeal by defendant from Pless, J., 29 July, 1957, Regular Criminal Term, of MectcleNburg.\nIn separate bills, Richard Fisher and Paul Williams, Jr., appellant, were indicted for felonious assault as defined by G.S. 14-32 on J. B. \u201cRed\u201d Pressley; and Arthur Hunter was indicted for conspiring with Fisher and Williams to commit such assault. The three cases were consolidated for trial.\nThe only evidence was that offered by the State. It tended to show the facts summarized below.\nPressley lived in the house of George Keziah and was in the Keziah house when the incidents narrated below occurred.\nShortly before midnight, Fisher and Williams went to the Keziah house, but Keziah refused to let them in, basing his refusal on a prior shooting incident. Fisher told Keziah: \u201cLet me go home and get my g-d-shotgun and I will blow my way in the house.\u201d Thereupon, Fisher and WilliamsAeft.\nWhen they left the Keziah house, Fisher and Williams went to a nearby poolroom where theyfinet Hunter. Hunter, who had a car, first took Fisher and Williams'to\" \u201cBill Wick\u2019s house/\u2019 where they tried to borrow a gun. Unable to1 borrow a gun from Wick, Hunter drove Fisher and Williams to Williams\u2019 house. Williams went into his house, got a single-barrel shotgun, and then came back and got in the car. When they passed Keziah\u2019s house, on their way back to the poolroom, Williams fired from the moving car into the Keziah house. Shot from this blast entered the house.\nLeaving Hunter in the'poolroom, Fisher and Williams went to a spot near the Keziah house from which they had a view of the back (screen) door. While Fisher and Williams stood there, between a parked car and a tree, two other persons came to the back door of the Keziah house. Pressley (not Keziah) went to the' door and let them into the house: and, while Pressley'stood in the house at the open door, Fisher raised the shotgun and shot him, causing Pressley to lose one eye and to suffer other serious injuries. Fisher and Williams then fled from the scene.\nAs to Fisher, the verdict was \u201cguilty of Felonious Assault\u201d; and the judgment pronounced was \u201cthat he be confined in the State Penitentiary at hard labor for not less than five (5) nor more than seven (7) years.\u201d .. -,.\nAs to Williams, appellant, the verdict was \u201cguilty of Felonious Assault ON the Basis of Aiding AND AbettiNg\u201d; and the judgment pronounced was \u201cthat he be confined in the State Penitentiary at hard labor for not less than three (3) nor more than five (5) years.\u201d\nAs to Hunter, the verdict was \"guilty of Assault With a Deadly Weapon ON the Basis of Aiding AND Abetting, and in His Case We RecommeND LeNiency.\u201d As to Hunter, the court continued prayer for judgment until the 30 September, 1957, Term of Criminal Court.\nWilliams excepted and appealed, assigning errors.\nAttorney-General Patton and Assistant Attorney-General Bruton for the State.\nJames B. Ledford and L. Glen Ledford for defendant, appellant." }, "file_name": "0688-01", "first_page_order": 738, "last_page_order": 740 }