{
  "id": 8573881,
  "name": "STATE OF NORTH CAROLINA v. GARY TYSON HOWARD",
  "name_abbreviation": "State v. Howard",
  "decision_date": "1968-01-12",
  "docket_number": "",
  "first_page": "519",
  "last_page": "521",
  "citations": [
    {
      "type": "official",
      "cite": "272 N.C. 519"
    }
  ],
  "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": "167 S.E. 456",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "204 N.C. 28",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8610419
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/204/0028-01"
      ]
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  "last_updated": "2023-07-14T21:31:35.058336+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. GARY TYSON HOWARD."
    ],
    "opinions": [
      {
        "text": "PER O\u00fcRIAm.\nThe State\u2019s evidence showing the defendant\u2019s intoxication and the inference of terrific speed arising from the physical facts make out a case of culpable negligence. State v. Cope, 204 N.C. 28, 167 S.E. 456. The motions for directed verdict were properly overruled.\nThe Court\u2019s finding, inserted in the record, that the evidence of the physician was necessary to a proper administration of justice, takes the physician\u2019s evidence out of the privileged communication rule provided in G.S. 8-53. The time the finding is inserted in the record, under the facts here disclosed, is not deemed material.\nNo error.",
        "type": "majority",
        "author": "PER O\u00fcRIAm."
      }
    ],
    "attorneys": [
      "T. W. Bruton, Attorney General; Harrison Lewis, Deputy Attorney General; William F. Briley, Trial Attorney, for the State.",
      "Harry P. Horton for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. GARY TYSON HOWARD.\n(Filed 12 January, 1968.)\n1. Automobiles \u00a7 113\u2014\nIn this prosecution for manslaughter arising from the operation of an automobile, evidence of the State to the effect that the defendant was intoxicated at the time of the collision, together with an inference of high speed arising from the physical facts, held sufficient to be submitted to the jury on the issue of defendant\u2019s culpable negligence.\n2. Criminal Law \u00a7 82\u2014\nIn a prosecution for homicide arising from the operation of an automobile, testimony of defendant\u2019s family physician that defendant was intoxicated at the time of the collision, held competent upon a finding by the court that the evidence was necessary to a proper administration of justice, G.S. 8-53, since such finding takes the evidence out of the privileged communications rule.\nAppeal by defendant from Carr, J., September, 1967 Session, Chatham Superior Court.\nThe defendant, Gary Tyson Howard, was indicted for the crime of manslaughter. The State\u2019s evidence tended to show that Yander E. Farrell was killed in a motor vehicle accident on the public highway in Chatham County. On December 18, 1966, the deceased was a passenger in the rear seat of a 1956 Buick being driven by Gary Tyson Howard. The vehicle struck the concrete abutment of a bridge across the highway, and broke in two pieces. The front half stopped 31 feet from the bridge. \u201cThe rear half was in the middle of the road between the two sides of the bridge. The tire marks began in the ditch on the right side of the road.\u201d There were tire pressure and skidmarks for 270 feet before the impact at the bridge. The tracks in the ditch indicate the car was sliding sideways. Yander E. Farrell was killed.\nThe investigating officer, highway patrolman Robert R. Russell, arrived at the scene of the accident at 4:40 a.m., shortly after it occurred. The body of Farrell \u201cwas lying two to three feet northwest of the bridge abutment.\u201d The officer arrested the defendant who was, in his opinion, under the influence of alcohol. The State called and examined Dr. K. M. Matthiesen, the defendant\u2019s family physician, who treated the defendant for the injuries he received in the accident. Dr. Matthiesen saw the defendant \u201con the early morning hours\u201d before day on December 18, 1966. In the opinion of the witness, the defendant was under the influence of alcohol.\nWhen the Solicitor examined Dr. Matthiesen, defense counsel objected without assigning any reason for the objection. The objection was overruled. Afterwards, when the Court ascertained the objection was based on the confidential relationship of doctor and patient, Judge Carr found the evidence of Dr. Matthiesen was necessary to meet the ends of justice and inserted the finding to that effect in the record.\nThe defendant did not offer evidence. Timely motions for directed verdict of not guilty were overruled. The jury found the defendant guilty of involuntary manslaughter. Judge Carr imposed a prison sentence of 3 to 5 years.\nThe defendant excepted and appealed.\nT. W. Bruton, Attorney General; Harrison Lewis, Deputy Attorney General; William F. Briley, Trial Attorney, for the State.\nHarry P. Horton for defendant appellant."
  },
  "file_name": "0519-01",
  "first_page_order": 555,
  "last_page_order": 557
}