{
  "id": 8560818,
  "name": "STATE v. JOHN BUCK BURGESS",
  "name_abbreviation": "State v. Burgess",
  "decision_date": "1966-01-14",
  "docket_number": "",
  "first_page": "363",
  "last_page": "365",
  "citations": [
    {
      "type": "official",
      "cite": "266 N.C. 363"
    }
  ],
  "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": "254 N.C. 783",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "132 S.E. 2d 334",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "260 N.C. 177",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8573534
      ],
      "pin_cites": [
        {
          "page": "179"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/260/0177-01"
      ]
    },
    {
      "cite": "93 S.E. 2d 431",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "244 N.C. 380",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        2219561
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/244/0380-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T18:16:51.556627+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JOHN BUCK BURGESS."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nBy oral argument and by brief, defendant\u2019s counsel stressed the assignment of error based on the denial of defendant\u2019s motion for judgment as in case of nonsuit as to the first and second counts of the bill of indictment.\nThe State relied upon circumstantial evidence to prove defendant was guilty of the criminal offenses charged in said first and second counts. We have examined the evidence carefully in the light of the rule stated in S. v. Stephens, 244 N.C. 380, 93 S.E. 2d 431, and subsequent cases in accord therewith. The conclusion reached is that the evidence, when considered in the light most favorable to the State, S. v. Orr, 260 N.C. 177, 179, 132 S.E. 2d 334, was sufficient to require submission to the jury and to support the verdict. Hence, defendant\u2019s said motion for judgment as in case of nonsuit was properly overruled.\nConsideration of all other assignments of error brought forward in substantial compliance with our rules, Rules of Practice in the Supreme Court, 254 N.C. 783, fails to disclose error of such prejudicial nature as to justify a new trial.\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Attorney General Bruton and Deputy Attorney General McGal-liard for the State.",
      "Wm. A. McFarland for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JOHN BUCK BURGESS.\n(Filed 14 January, 1966.)\nAppeal by defendant from Clarkson, J., June 1965 Session of POLK.\nDefendant was tried on a bill of indictment containing three counts, to wit: First, feloniously breaking and entering a certain building occupied by Dr. W. T. Head; second, larceny of described personal property of the value of $100.00, consisting of a typewriter and a radio; and third, feloniously receiving stolen property, to wit, said typewriter and radio. The indictment alleged said criminal offenses were committed in Polk County, North Carolina, on November 10, 1963. (Note: Our records disclose that defendant pleaded nolo contendere to said charges at January 1964 Session and thereupon judgment imposing prison sentences was pronounced; that, on defendant\u2019s petition, a post-conviction hearing was held in which an order was entered January 25, 1965 denying defendant\u2019s petition; and that this Court, by its order of April 13, 1965, allowed defendant\u2019s petition for certiorari, reversed said order of January 25, 1965, vacated said plea and said judgment, and remanded the cause for trial de novo.)\nWm. A. McFarland, Esq., court-appointed counsel, who had previously represented defendant in connection with said post-conviction proceedings, represented defendant at his trial de novo at June 1965 Session.\nEvidence was offered by the State and by defendant.\nAs to the third count, defendant\u2019s motion for judgment as in case, of nonsuit was allowed. At to the first and second counts, defendant\u2019s motion for judgment as in case of nonsuit was denied.\nVerdict: \u201cGuilty of breaking and entering, as charged in the Bill of Indictment, and guilty of larceny of property of the value of less than $200.00 as charged in the Bill of Indictment.\u201d\nBased upon defendant\u2019s said conviction on said first and second counts, the court pronounced judgment imposing prison sentences of eight years and two years, respectively, the two-ye\u00e1r sentence on the second count to commence upon expiration of 'the' eight-year sentence on the first count. Defendant excepted and appealed.\nAn order was entered (1) permitting defendant tq appeal in forma pauperis, (2) appointing defendant\u2019s trial counsel as his counsel in connection with his appeal, and (3) requiring that Polk County provide the necessary transcript and pay the necessary costs of preparing the record and briefs incident to defendant\u2019s appeal.\nAttorney General Bruton and Deputy Attorney General McGal-liard for the State.\nWm. A. McFarland for defendant appellant."
  },
  "file_name": "0363-01",
  "first_page_order": 399,
  "last_page_order": 401
}