{
  "id": 8561425,
  "name": "STATE v. JACOB VANCE, JR.",
  "name_abbreviation": "State v. Vance",
  "decision_date": "1966-10-12",
  "docket_number": "",
  "first_page": "287",
  "last_page": "289",
  "citations": [
    {
      "type": "official",
      "cite": "268 N.C. 287"
    }
  ],
  "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": [],
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  "last_updated": "2023-07-14T16:01:58.333486+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. JACOB VANCE, JR."
    ],
    "opinions": [
      {
        "text": "Per Curiam.\nFrom the record before us it appears that William G. Robinson, a member of the Mecklenburg County Bar, represented defendant Vance, and that T. O. Stennett, a member of the Mecklenburg County Bar, represented defendant Mixon. The State and defendant Vance introduced evidence; defendant Mixon, according to the record before us, introduced no evidence.\nThe State\u2019s evidence shows these facts: On'20 January 1966 O. D. Ferrell was manager of a general merchandise store operated by S. W. & C. W. Davis Company on Highway #115 about eight miles from the city of Charlotte. About 2 p.m. of that day Ferrell was standing behind a counter in the store, and defendants Vance and Mixon came in and proceeded to the counter. Ferrell walked towards them, and Mixon threw a pistol in his face and said, \u201cThis is it, you so and so.\u201d Ferrell dropped behind the counter. Mixon came around the counter, threw the pistol in his face, and said, \u201cYou g . . d . . . so and so, if you put your hands on anything, I will blow your brains out.\u201d He got up. Vance had stepped up to the end of the counter with his pistol on Ferrell, and told him to open the cash register and give him the money. Ferrell did so, giving him $138. Then one of them said to Ferrell, \u201cNow empty your g . . d . . . pockets,\u201d but before he had a chance to get any of his money out of his pocket, one of them gave him a shove and told him to get down behind the counter, which he did. Then they ran out and one of them fired a shot.\nJoseph B. Whitener had stopped at the store to make a purchase. As he was getting out of his car he saw two colored men \u201cbarrelling out of the door of the store.\u201d He went into the store, and Ferrell told him he had been held up.\nMr. and Mrs. J. R. Dutton were passing the Davis store in an automobile. Joseph Whitener flagged them down, and told them of the robbery of Ferrell and that the two colored men were going down the road and to watch them. They did so, and further down the road they saw these two colored men get into a late model white Pontiac, license No. DR-1030. Two men were already in the car. They went back to the Davis store and gave Ferrell the license number of this automobile.\nAn investigation by the Mecklenburg County police showed that license plate No. DR-1030 was issued in the name of Frank Porter, 1112 Winifred Street, Charlotte. The car was a 1963 white Pontiac. Frank Porter informed the police that he had loaned the car to defendant Vance on 20 January 1966 and that Vance returned the car to him on 21 January 1966.\nDefendant\u2019s evidence shows the following: He is 32 years old. On 20 January 1966 he was driving Frank Porter\u2019s Pontiac automobile in the vicinity of the Davis store on Highway #115. Junior Gills, Florence Massey, and another nicknamed \u201cSkeets,\u201d whose name he does not know, were in the automobile with him. Vance was going to the Florida Steel Company to pick up his pay check. The three passengers in his car were having a conference about a cash register and a game played by two or more men where one man buys an item and distracts the attention of the cashier while the other man walks up and takes the money from the cash register. At a service station near the Davis store he stopped to get some soft drinks, and Skeets and Gill got out of the automobile. They started across the highway toward the Davis store. He hollered to them to see if they wanted him to wait. They replied, \u201cNo, go down to Florida Steel. We will be down there.\u201d He did so. About ten minutes later he saw Skeets running down the highway with Gill behind him. Skeets was sweating when he got in the automobile. About ten seconds later Gill with a pistol \u201cdrawed up in his hands\u201d jumped in the car. He asked them, \u201cWhat is this?\u201d They said, \u201cTake off.\u201d He drove the car away. He had nothing to do with the robbery. He had \u201ca million different things going through my mind at the time.\u201d He had been tried and convicted of common law robbery and armed robbery, and was on parole. He did not want to get involved in what they had done. Vance denied at all times that he had anything to do with this particular robbery.\nThe State\u2019s evidence was amply sufficient to carry the case to the jury as to Vance, and to sustain the verdict of the jury as to him. We have carefully examined all defendant\u2019s exceptions and assignments of error, and all are overruled. No prejudicial error has been shown. Defendant Vance\u2019s counsel candidly states in his brief that after a diligent search of the record by him he is unable to find any prejudicial error which would warrant the Court in disturbing the trial below.\nIn the trial below we find\nNo error.",
        "type": "majority",
        "author": "Per Curiam."
      }
    ],
    "attorneys": [
      "Attorney General T. W. Bruton and Deputy Attorney General Ralph Moody for the State.",
      "William G. Robinson for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. JACOB VANCE, JR.\n(Filed 12 October, 1966.)\nRobbery \u00a7 4\u2014\nTbe evidence in this case is held amply sufficient to sustain a conviction of defendant of armed robbery, G.S. 14-87, notwithstanding defendant\u2019s evidence in conflict with that of tbe State.\nAppeal by defendant Vance from McLean, J., 7 March 1966 Regular \u201cA\u201d Criminal Session of MeCKLENbueg.\nCriminal prosecution on an indictment charging defendant and one Levi Mixon with armed robbery in the language of G.S. 14-87.\nPlea: Not guilty by each defendant. Verdict: Guilty as to Vance. The record before us does not disclose whether Mixon was convicted or acquitted.\nFrom a judgment of imprisonment, defendant Vance appeals.\nAttorney General T. W. Bruton and Deputy Attorney General Ralph Moody for the State.\nWilliam G. Robinson for defendant appellant."
  },
  "file_name": "0287-01",
  "first_page_order": 327,
  "last_page_order": 329
}