{
  "id": 8561464,
  "name": "STATE OF NORTH CAROLINA v. BOBBY GENE MAYNOR",
  "name_abbreviation": "State v. Maynor",
  "decision_date": "1971-05-12",
  "docket_number": "No. 90",
  "first_page": "697",
  "last_page": "700",
  "citations": [
    {
      "type": "official",
      "cite": "278 N.C. 697"
    }
  ],
  "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": "2023-07-14T20:07:15.509345+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE OF NORTH CAROLINA v. BOBBY GENE MAYNOR"
    ],
    "opinions": [
      {
        "text": "BOBBITT, Chief Justice.\nAs indicated by the evidential facts summarized in our preliminary statement, the State\u2019s evidence was amply sufficient to withstand defendant\u2019s motions for judgments as in case of nonsuit and to support the verdicts. There was evidence of all essential elements of first degree murder and of kidnapping.\nOn objection, a voir dire hearing was conducted to determine the admissibility of the testimony of Deputy Sheriff Wash-burn as to statements made by defendant while in custody. Washburn testified in detail, both on direct and cross-examination, as to the warnings given defendant concerning his constitutional rights and as to the circumstances under which defendant made the statements. Defendant did not testify or offer evidence.\nOn the uncontradicted evidence, the court found that, before he made any statement, Washburn warned defendant that he had the right to remain silent; that any statement he made could be used against him; that he had the right to retain an attorney for advice; that counsel would be provided by the State if he was unable to employ counsel; that if he chose to make a statement he had the right to stop at any time; that defendant had signed \u201ca waiver of rights,\u201d and indicated he understood his rights with reference to making a statement; and that any statement made by defendant was made voluntarily and was not obtained in violation of defendant\u2019s constitutional rights. Since there was plenary evidence to support the court\u2019s findings, Washburn\u2019s testimony as to defendant\u2019s statements was properly admitted for consideration by the jury.\nAlthough we find no error in the admission of Washburn\u2019s testimony as to defendant\u2019s in-custody statements, it is noteworthy that there was plenary evidence to sustain the verdicts independent of the testimony concerning in-custody statements made by defendant.\nIn his brief, counsel for defendant states he has found \u201c(n)o specific prejudicial error\u201d in the record. Our consideration of the record indicates there was no error in the manner in which the trial was conducted. The grievous error was that of defendant who, for a pittance, assaulted, robbed, tied, imprisoned in the trunk, transported, and thereafter deliberately drowned, a man with whom he had been associating ostensibly as a friend.\nThe verdicts and judgments will not be disturbed.\nNo error.",
        "type": "majority",
        "author": "BOBBITT, Chief Justice."
      }
    ],
    "attorneys": [
      "Attorney General Morgan and Deputy Attorney General Bullock for the State.",
      "Sol G. Cherry, Public Defender, for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. BOBBY GENE MAYNOR\nNo. 90\n(Filed 12 May 1971)\n1. Homicide \u00a7 21; Kidnapping \u00a7 1 \u2014 sufficiency of State\u2019s evidence\nThe State\u2019s evidence was sufficient for submission to the jury on issues of defendant\u2019s guilt of first degree murder and of kidnapping.\n2. Criminal Law \u00a7 75 \u2014 in-custody statements \u2014 admissibility\nTestimony by a deputy sheriff as to statements made by defendant while in custody was properly admitted in evidence where there was plenary evidence on voir dire to support the court\u2019s findings that any statement made by defendant was made voluntarily and was not obtained in violation of defendant\u2019s constitutional rights.\nAppeal by defendant from McKinnon, /., November 30, 1970 Session, Cumberland Superior Court.\nIn separate indictments, defendant was charged, jointly with Nathan Owen Chance, (1) with the murder of Lawrence C. Burris, and (2) with kidnapping Lawrence C. Burris, on June 5, 1970.\nThe court determined defendant was an indigent within the meaning of G.S. 7A-450 and appointed Sol G. Cherry, Esq., Public Defender of the Twelfth Judicial District, to represent him.\nOn Saturday, June 6, 1970, the body of Lawrence C. Burris (Burris) was found in the Cape Fear River. The arms, Wrists and body had been tied up with hemp rope. The death of Burris was caused by drowning.\nOn Friday, June 5, 1970, about 10:00 p.m., Burris, accompanied by defendant, his codefendant, Nathan Owen Chance (Chance), and Betty Joyce Whitehead (Betty), aged 13, defendant\u2019s girl friend, left the Silver Dollar Bar in a green Chevrolet owned and operated by Burris. They rode around for about fifteen or twenty minutes and then stopped in a wooded area. Earlier that day defendant and Burris had been drinking together. When Burris stopped the car, Betty got out and went farther into the woods. While she was gone defendant and Chance assaulted and robbed Burris. When she returned, Burris was lying on the ground and defendant and Chance were kicking him. Defendant and Chance got rope from the trunk, tied Burris\u2019 hands, wrists and body, and put Burris in the trunk. Then defendant drove Burris\u2019 car to another wooded area near the Cape Fear River. They stopped there and opened the trunk. Burris got out, ran and fell down an embankment. Defendant and Chance chased and caught him. Each hit Burris over the head two or more times with a flashlight. Then they threw him into the river. When Burris was trying to get up out of the water, defendant put his foot on Burris\u2019 head \u201cfor a few minutes.\u201d Then Burris\u2019 body floated off. When defendant remarked to Chance \u201cthat he couldn\u2019t look at it any more,\u201d defendant and Chance returned to the car. Then defendant drove away in Burris\u2019 car, accompanied by Betty and by Chance.\nThe State\u2019s evidence included the testimony of Betty and of witnesses who testified (1) to defendant\u2019s subsequent statements that he had \u201cbeat\u201d a man and \u201cthrown\u201d him into the river, and (2) to the sale by defendant of tools taken from the trunk of Burris\u2019 green Chevrolet. It also included testimony of Deputy Sheriff Washburn as to statements made to him by defendant. These statements are in substantial accord with Betty\u2019s testimony. However, Betty did not leave the car and go to the river bank. Washburn\u2019s testimony as to defendant\u2019s incriminating statements constitute the evidence as to precisely what happened when Burris was thrown into the river. In corroboration of his incriminating statements, defendant showed Wash-burn the wooded area where he and Chance had assaulted, robbed and tied Burris, and had put him in the trunk. Defendant also showed Washburn the place where the trunk was opened and he and Chance had chased Burris to the Cape Fear, assaulted him and thrown him into the river. Articles found at these sites and also in Burris\u2019 green Chevrolet tended to corroborate defendant\u2019s incriminating statements.\nIn the murder case, the jury returned a verdict of guilty of murder in the first degree with a recommendation of life imprisonment; and the court pronounced judgment that defendant be imprisoned for life in the State\u2019s prison.\nIn the kidnapping case, the jury returned a verdict of guilty as charged; and the court pronounced judgment that defendant be imprisoned for life in the State\u2019s prison.\nDefendant excepted to the judgments and gave notice of appeal. The Public Defender was appointed to represent him in connection with his appeal.\nThe only assignments of error are (1) that the court erred in the denial of defendant\u2019s motion (s) for judgment as in case of nonsuit, and (2) in failing to exclude the statements attributed to defendant by Deputy Sheriff Washburn.\nAttorney General Morgan and Deputy Attorney General Bullock for the State.\nSol G. Cherry, Public Defender, for defendant appellant."
  },
  "file_name": "0697-01",
  "first_page_order": 717,
  "last_page_order": 720
}