{
  "id": 8622547,
  "name": "STATE v. ALVIN SANDLIN and CLYDE SANDLIN",
  "name_abbreviation": "State v. Sandlin",
  "decision_date": "1959-10-14",
  "docket_number": "",
  "first_page": "81",
  "last_page": "81",
  "citations": [
    {
      "type": "official",
      "cite": "251 N.C. 81"
    }
  ],
  "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": "100 S.E. 2d 510",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "247 N.C. 266",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8626619
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/247/0266-01"
      ]
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    {
      "cite": "89 S.E. 2d 109",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "242 N.C. 581",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8619336
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/242/0581-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T17:26:21.126874+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Higgins, J., not sitting."
    ],
    "parties": [
      "STATE v. ALVIN SANDLIN and CLYDE SANDLIN."
    ],
    "opinions": [
      {
        "text": "PER Ourtam\nDefendants were not charged with murder, but an assault. It was error to place on them the burden of proving they acted in self-defence. S. v. Warren, 242 N.C. 581, 89 S.E. 2d 109; S. v. Muscat, 247 N.C. 266, 100 S.E. 2d 510.\nNew trial.\nHiggins, J., not sitting.",
        "type": "majority",
        "author": "PER Ourtam"
      }
    ],
    "attorneys": [
      "Attorney General Seawell and Assistant Attorney General Love for the State.",
      "E. W. Summersill and Robert E. Lock for defendant, appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. ALVIN SANDLIN and CLYDE SANDLIN.\n(Filed 14 October, 1959.)\n1. Assault and Battery \u00a7 12\u2014\nIn a prosecution for assault with a deadly weapon, the admission of defendants that they used a deadly weapon does not place the burden upon them of proving- that they acted in self-defense.\nHiggins, .L, not sitting.\nAppeal-by defendants from Mints, J., May, 1959 Term, of Onslow.\nDefendants were tried on bills of indictment which charged an assault on Bill Wiggs with a deadly weapon a hoe handle, \u201cto the great damage of the said Bill Wiggs. . .\nThe cases were consolidated for trial. The State offered evidence tending to show the defendants assaulted Wiggs as charged, resulting in the fracture of bones of his left arm.\nDefendants, in support of their plea of not guilty, testified they only acted in self-defense after Wiggs had threatened to shoot and kill.\nThe court charged the jury: \u201c. . . the defendant having'admitted \u25a0on the stand that he struck with a deadly weapon as charged, the question of-reasonable doubt was eliminated and the burden of proof shifts to the defendant and that it was his duty to satisfy the jury that he struck in self-defense, and failing to satisfy' the jury that he used the weapon in self-defense, they would convict.\" Defendants excepted to the quoted portion of the -charge.\nThe jury found defendants guilty. Sentences were imposed and defendants appealed.\nAttorney General Seawell and Assistant Attorney General Love for the State.\nE. W. Summersill and Robert E. Lock for defendant, appellant."
  },
  "file_name": "0081-01",
  "first_page_order": 125,
  "last_page_order": 125
}