{
  "id": 8558414,
  "name": "STATE v. HUBERT HENRY HALL",
  "name_abbreviation": "State v. Hall",
  "decision_date": "1966-04-13",
  "docket_number": "",
  "first_page": "90",
  "last_page": "92",
  "citations": [
    {
      "type": "official",
      "cite": "267 N.C. 90"
    }
  ],
  "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. 283",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "138 N.C. 599",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11270082
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/138/0599-01"
      ]
    },
    {
      "cite": "95 S.E. 48",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "175 N.C. 723",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8662210
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/175/0723-01"
      ]
    },
    {
      "cite": "97 S.E. 496",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "176 N.C. 751",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8658342
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/176/0751-01"
      ]
    },
    {
      "cite": "39 S.E. 2d 460",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "226 N.C. 530",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8622087
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/226/0530-01"
      ]
    },
    {
      "cite": "112 S.E. 2d 728",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "252 N.C. 35",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8617151
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/252/0035-01"
      ]
    },
    {
      "cite": "28 S.E. 2d 99",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "223 N.C. 753",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8616954
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/223/0753-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 375,
    "char_count": 5663,
    "ocr_confidence": 0.538,
    "pagerank": {
      "raw": 9.569751724964926e-07,
      "percentile": 0.9812195614493354
    },
    "sha256": "14c10bb531fe4168498404ad9a53e29afe9838393f4f5bff8f340eb79eaccfe0",
    "simhash": "1:1729087e2c8964cb",
    "word_count": 977
  },
  "last_updated": "2023-07-14T22:57:43.953535+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Moore, J., not sitting."
    ],
    "parties": [
      "STATE v. HUBERT HENRY HALL."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nThe record does not show the verdict, judgment, appeal, entries, or return to the appeal from the Caldwell County Recorder\u2019s Court, which is assigned as error by the appellant. However, the record contains a stipulation that the defendant was tried in the Recorder\u2019s Court; was found guilty, and appealed from the judgment pronounced to the Superior Court of Caldwell County. The corollary of this situation appeared in S. v. Hill, 223 N.C. 753, 28 S.E. 2d 99, in which the record showed no appeal entries in the municipal court. The attorney general moved to dismiss the appeal for lack of jurisdiction of the Superior Court which was denied \u201cfor that it appears on the agreed case on appeal that the action originated in the municipal court of High Point and on appeal was tried in the Superior Court.\u201d\nThe remaining exceptions are to the effect that the court in the charge used phrases such as \u201cpresumption of innocence,\u201d \u201cburden of proof,\u201d \u201cquantum\u201d and \u201creasonable doubt,\u201d but did not define or explain them to the jury. The record shows no request that these terms be defined and in S. v. Browder, 252 N.C. 35, 112 S.E. 2d 728, the court held that it did not constitute error to fail to define \u201creasonable doubt\u201d in the absence of a request. A similar holding as to \u201cpresumption of innocence\u201d appears in S. v. Perry, 226 N.C. 530, 39 S.E. 2d 460 and the same reasoning will apply to the other terms and phrases.\nThe defendant complains that in referring to the provisions of G.S. 20-138 the court said it provided against material loss of faculties from the use- of intoxicants or narcotic drugs, since there was no claim that .the defendant was under the influence of the latter. The court did not even intimate as much and his judicial mandate referred only to intoxication. \u201cThe charge of the court must be read as a whole * * *, in the same connected way that the judge is supposed to have intended it and the jury to have considered it * * *.\u201d S. v. Wilson, 176 N.C. 751, 97 S.E. 496. \u201cEven if there is technical error, courts will not reverse where it clearly appears that it is not substantial and could not have affected the result.\u201d State v. Davis, 175 N.C. 723, 95 S.E. 48.\nWhen a charge presents the law fairly and clearly to the jury, it will afford no ground for reversing the judgment, though some of the expressions, when standing alone, might be regarded as erroneous. S. v. Exum, 138 N.C. 599, 50 S.E. 283.\nThe defendant could not have been prejudiced by the casual reference to the use of narcotics and, after consideration of the charge as a whole, we find\nNo error.\nMoore, J., not sitting.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Attorney General T. W. Bruton and Assistant Attorney General Bernard A. Harrell for the State.",
      "Lila Bellar for the defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. HUBERT HENRY HALL.\n(Filed 13 April, 1966.)\n1. Criminal Law \u00a7 18\u2014\nWhere the record contains a stipulation that defendant was found guilty in a recorder\u2019s court and appealed to the Superior Court from the judgment pronounced, the appeal is not subject to dismissal for failure of the record to show the verdict, judgment or appeal entries in the recorder\u2019s court.\n3. Criminal Haw \u00a7 107\u2014\nThe failure of the court to define the terms \u201cpresumption of innocence,\u201d \u201cburden of proof,\u201d \u201cquantum\u201d and \u201creasonable doubt\u201d will not be held for error in the absence of a special request.\n3. Automobiles \u00a7 74\u2014\nA casual reference to narcotics by the court in its charge in a prosecution of defendant for operating his motor vehicle on a highway while under the influence of intoxicating liquor will ndt be held for prejudicial error when it is apparent from the record that the jury could not have been confused thereby.\n4. Criminal Haw \u00a7 161\u2014\nWhere the charge, read contextually, presents the law fairly and clearly to the jury, an exception thereto will not he sustained, even though some of the excerpts standing alone, might be regarded as erroneous, it being apparent that no prejudice resulted to defendant.\nMooee, J., not sitting.\nAppeal by defendant from McLean, J., August 23, 1965, Regular Criminal Session, Caldwell Superior Court.\nThe defendant was charged in a warrant with operating a motor vehicle upon the public highways of the state while intoxicated, in violation of G.S. 20-138. He was tried in the Caldwell County Recorder\u2019s Court, found guilty, and appealed from the judgment pronounced. He was tried in the Superior Court and upon being convicted and fine imposed, appealed from that judgment to this Court.\nThe evidence for the state tended to show that on the 6th day of March 1965 Patrolman Garavanta, in response to certain information which he had received, made an investigation of traffic conditions on Highway 321 and found some eight cars traveling very slowly, following an automobile being driven by the defendant. It was weaving on the road and forced some oncoming cars to leave the road to avoid collision. Two other patrolmen saw the defendant at the scene and all of them testified that the defendant was staggering, had an odor of alcohol on his breath, had difficulty in finding his driver\u2019s license and was, in their opinion, under the influence of some alcoholic beverage.\nThe defendant admitted having had two drinks of liquor earlier in the day but insisted that his condition was primarily caused by fatigue; that his wife had failed to arrive the previous evening as expected; that there was a severe snowstorm and he feared she might be stranded in the snow; that he had spent the previous night seeking her and that his condition, when seen by the patrolman, was due to lack of sleep and extreme exhaustion. He also offered evidence of his good character.\nAttorney General T. W. Bruton and Assistant Attorney General Bernard A. Harrell for the State.\nLila Bellar for the defendant appellant."
  },
  "file_name": "0090-01",
  "first_page_order": 126,
  "last_page_order": 128
}