{ "id": 8567106, "name": "STATE OF NORTH CAROLINA v. ROBERT LEE THOMPSON", "name_abbreviation": "State v. Thompson", "decision_date": "1977-12-15", "docket_number": "No. 61", "first_page": "713", "last_page": "722", "citations": [ { "type": "official", "cite": "293 N.C. 713" } ], "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": "226 S.E. 2d 487", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": -1 }, { "cite": "290 N.C. 431", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561659 ], "opinion_index": -1, "case_paths": [ "/nc/290/0431-01" ] }, { "cite": "220 S.E. 2d 283", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1975, "opinion_index": 0 }, { "cite": "288 N.C. 699", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570646 ], "weight": 3, "year": 1975, "opinion_index": 0, "case_paths": [ "/nc/288/0699-01" ] }, { "cite": "226 S.E. 2d 487", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "opinion_index": 0 }, { "cite": "290 N.C. 431", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561659 ], "weight": 3, "opinion_index": 0, "case_paths": [ "/nc/290/0431-01" ] }, { "cite": "102 S.E. 2d 413", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1958, "opinion_index": 0 }, { "cite": "248 N.C. 63", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8619325 ], "year": 1958, "opinion_index": 0, "case_paths": [ "/nc/248/0063-01" ] }, { "cite": "181 S.E. 2d 458", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "279 N.C. 163", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8566096 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/279/0163-01" ] }, { "cite": "221 S.E. 2d 359", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1976, "pin_cites": [ { "page": "362" } ], "opinion_index": 0 }, { "cite": "289 N.C. 223", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567692 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/289/0223-01" ] }, { "cite": "25 S.E. 2d 606", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1943, "opinion_index": 0 }, { "cite": "223 N.C. 160", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8601860 ], "year": 1943, "opinion_index": 0, "case_paths": [ "/nc/223/0160-01" ] }, { "cite": "150 S.E. 2d 851", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1966, "opinion_index": 0 }, { "cite": "268 N.C. 461", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8563045 ], "year": 1966, "opinion_index": 0, "case_paths": [ "/nc/268/0461-01" ] }, { "cite": "185 S.E. 2d 149", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "280 N.C. 142", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570160 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/280/0142-01" ] }, { "cite": "202 S.E. 2d 750", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "284 N.C. 670", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564781 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/nc/284/0670-01" ] }, { "cite": "157 S.E. 2d 335", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1967, "opinion_index": 0 }, { "cite": "271 N.C. 646", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8566320 ], "year": 1967, "opinion_index": 0, "case_paths": [ "/nc/271/0646-01" ] }, { "cite": "185 S.E. 2d 874", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1972, "opinion_index": 0 }, { "cite": "280 N.C. 366", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572031 ], "year": 1972, "opinion_index": 0, "case_paths": [ "/nc/280/0366-01" ] }, { "cite": "209 S.E. 2d 785", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "286 N.C. 179", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564056 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/nc/286/0179-01" ] }, { "cite": "232 S.E. 2d 433", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1977, "opinion_index": 0 }, { "cite": "292 N.C. 132", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567601 ], "year": 1977, "opinion_index": 0, "case_paths": [ "/nc/292/0132-01" ] }, { "cite": "212 S.E. 2d 125", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 2, "year": 1975, "opinion_index": 0 }, { "cite": "286 N.C. 509", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569066 ], "weight": 2, "year": 1975, "opinion_index": 0, "case_paths": [ "/nc/286/0509-01" ] }, { "cite": "220 S.E. 2d 326", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1975, "opinion_index": 0 }, { "cite": "288 N.C. 582", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570361 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/nc/288/0582-01" ] }, { "cite": "215 S.E. 2d 131", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1975, "opinion_index": 0 }, { "cite": "287 N.C. 541", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564202 ], "year": 1975, "opinion_index": 0, "case_paths": [ "/nc/287/0541-01" ] }, { "cite": "283 N.C. 783", "category": "reporters:state", "reporter": "N.C.", "weight": 2, "year": 1973, "pin_cites": [ { "page": "837" }, { "page": "834" } ], "opinion_index": 1 }, { "cite": "157 S.E. 2d 335", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1967, "pin_cites": [ { "page": "344" } ], "opinion_index": 1 }, { "cite": "271 N.C. 646", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8566320 ], "year": 1967, "pin_cites": [ { "page": "657" } ], "opinion_index": 1, "case_paths": [ "/nc/271/0646-01" ] } ], "analysis": { "cardinality": 936, "char_count": 20281, "ocr_confidence": 0.809, "pagerank": { "raw": 2.4865467685997303e-07, "percentile": 0.8081210526173533 }, "sha256": "2b024007e0947d72443a1df21fc8c45d49f34ee0d894b52304a5fb1406c6f78d", "simhash": "1:a549f1f3ecbf2e05", "word_count": 3390 }, "last_updated": "2023-07-14T16:59:49.379337+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE OF NORTH CAROLINA v. ROBERT LEE THOMPSON" ], "opinions": [ { "text": "HUSKINS, Justice.\nDefendant assigns as error various instances of alleged misconduct on the part of the district attorney, contending his actions and statements in questioning witnesses, addressing the court, and in his argument to the jury deprived defendant of a fair and impartial trial guaranteed by both federal and state constitutions. This assignment requires an examination of the challenged acts and the context in which they occurred.\nDefendant testified that he was at Mauney\u2019s Supermarket and its environs from midnight until 2 a.m. on the night of 8 February 1975, talking to and riding around with Billie Ann Leake and Geraldine McNatt. This is the period during which Mrs. Hardin was raped. Defendant therefore contends he could not have been the rapist. His alibi was largely supported by the testimony of the two girls. During cross-examination of Geraldine McNatt, the district attorney attempted to demonstrate that she was unsure of the date defendant was in her presence. When she said she had not checked it out on the calendar, he asked: \u201cSo you don\u2019t really know which weekend you are talking about in reference to the 7th and 8th of February 1975; do you, girl?\u201d Defense counsel objected \u201cto this \u2018girl\u2019 bit.\u201d The objection was sustained, motion to strike allowed, and the district attorney then withdrew the question.\nDuring the course of his jury argument the district attorney referred to Geraldine McNatt and Billie Ann Leake as \u201ca couple of hot numbers.\u201d Defendant\u2019s objection to this characterization was sustained, his motion to strike was allowed, and the jury was instructed to disregard the expression. Shortly thereafter the district attorney referred to one of those witnesses as a \u201ccohort or friend\u201d of the other. Defendant\u2019s objection to the word \u201ccohort\u201d was sustained.\nThe record reveals that on the night of 7-8 February 1975 when Mrs. Hardin was raped, Geraldine McNatt was twenty years of age and Billie Ann Leake was fifteen years of age. According to the testimony of these girls, Miss Leake had been out on the town that night until 4:30 a.m., frequenting nightspots and drinking beer. Miss McNatt had visited various local hangouts in the early hours of the morning. According to their testimony, they met defendant by chance at Mauney\u2019s, a local hangout, where they \u201cwalked over and started talking to him. . . . We talked about how to get high on anything \u2014 drugs, liquor, beer or anything.\u201d After talking with him for one and one-half hours they joined him in his car and went to the Patio Club where they remained until 2 a.m. \u2014 \u201cwhen we got there the place was jumping.\u201d While there Miss McNatt testified she drank wine and beer, while Miss Leake confined her imbibing to beer alone. Miss Leake testified she stayed at the Patio about an hour and a half and got home about 4 or 4:30 a.m. Miss McNatt said she left the Patio Club about 2 a.m. with her cousins.\nIn our view the district attorney\u2019s characterizations of Geraldine McNatt and Billie Ann Leake may legitimately be inferred from the evidence. State v. Britt, 288 N.C. 699, 220 S.E. 2d 283 (1975); State v. Wortham, 287 N.C. 541, 215 S.E. 2d 131 (1975). In any event, the defendant\u2019s objections were sustained and the curative instructions of the judge sufficed to remove any possible prejudice that might have been engendered by the challenged remarks. See State v. Britt, supra; State v. Miller, 288 N.C. 582, 220 S.E. 2d 326 (1975).\nDefendant next objects to the district attorney\u2019s questions and jury argument concerning the whereabouts of other potential witnesses who did not testify but who could have corroborated defendant\u2019s alibi if, in fact, his alibi evidence was accurate and truthful. Defendant\u2019s challenge cannot be sustained. \u201cIt is the duty of the prosecuting attorney to present the State\u2019s case with earnestness and vigor and use every legitimate means to bring about a just conviction. . . . Counsel for both sides are entitled to argue to the jury the law and the facts in evidence and all reasonable inferences to be drawn therefrom.\u201d State v. Monk, 286 N.C. 509, 212 S.E. 2d 125 (1975). It is permissible for the prosecutor to draw the jury\u2019s attention to the failure of the defendant to produce exculpatory testimony from witnesses available to defendant. State v. Tilley, 292 N.C. 132, 232 S.E. 2d 433 (1977); State v. Carver, 286 N.C. 179, 209 S.E. 2d 785 (1974). Compare State v. Thompson, 290 N.C. 431, 226 S.E. 2d 487 (1976); State v. Gainey, 280 N.C. 366, 185 S.E. 2d 874 (1972).\nDuring the course of his jury argument the district attorney argued the truthfulness of the prosecuting witness by contending she lacked \u201cthe guts, the imagination, the intelligence and the reason to come into a court of law and just pluck some innocent fellow out of the public and send him off.\u201d An objection to this portion of his argument was sustained and the jury instructed not to consider it. In our view this argument was not improper. Hence further discussion is unnecessary.\nDuring the course of his jury argument the district attorney urged the jury to scrutinize defendant\u2019s testimony carefully in the following fashion:\n\u201cThe law says \u2014 and I think possibly the Judge may charge you something to this effect: That when a defendant walks around and places his hand on this Holy Bible and swears to tell you the truth, you, the jury, is to do something. What is it? You are to what? You are to scrutinize and you are to examine and you are to look at closely every single thing that he has to say. You know why? Because he has a deep and abiding, vested interest in telling you any sort of transparent fabrication his imagination can dream up and that he thinks you are\u2014\nMr. Lane [defense attorney]: Objection.\nMr. BRITT: \u2014 gullible enough and naive enough to buy.\nMr. LANE: Objection.\nCOURT: Overruled.\u201d\nDefendant assigns the quoted argument and the ruling of the court as error.\nThis Court has held that it is improper for an attorney to express his personal opinion concerning the veracity of a witness. State v. Miller, 271 N.C. 646, 157 S.E. 2d 335 (1967). We have also held that it is proper for a district attorney to argue to the jury: \u201cI submit to you, that [defense witnesses] have lied to you.\u201d State v. Noell, 284 N.C. 670, 202 S.E. 2d 750 (1974). The argument of the district attorney quoted above, when shorn of its colorful verbiage, is an assertion that a criminal defendant has an interest in testifying falsely if he believes the jury will give credence to his false testimony.\nWe have repeatedly held that it is proper for the trial judge to charge the jury that it should carefully scrutinize the testimony of a criminal defendant because he is interested in the outcome of the case. State v. Griffin, 280 N.C. 142, 185 S.E. 2d 149 (1971); State v. Choplin, 268 N.C. 461, 150 S.E. 2d 851 (1966); State v. McKinnon, 223 N.C. 160, 25 S.E. 2d 606 (1943). It is likewise proper for attorneys to so argue. As a general rule the argument of counsel must be left largely to the control and discretion of the presiding judge. See, e.g., State v. Taylor, 289 N.C. 223, 221 S.E. 2d 359 (1976), and cases there cited. \u201cOrdinarily we do not review the exercise of the trial judge\u2019s discretion in controlling jury arguments unless the impropriety of counsel\u2019s remarks is extreme and is clearly calculated to prejudice the jury in its deliberations.\u201d State v. Taylor, supra, at 227, 221 S.E. 2d at 362.\nIn light of the foregoing principles, we hold that the quoted portion of the district attorney\u2019s argument is within permissible bounds.\nDefendant objects to another portion of the district attorney\u2019s argument in which he contends that juries must accept the blame if criminals are turned loose and set back on society. The trial court intervened immediately and on its own motion instructed the district attorney that the defendant was not a criminal, was not to be referred to in such terms, and that the jurors should not consider any such reference to the defendant. We hold that the trial judge\u2019s curative instructions were adequate to overcome any possible prejudice conceivably caused by this particular line of argument.\nDefendant finally argues that the cumulative effect of the foregoing actions on the part of the district attorney coupled with other instances of alleged misconduct \u2014 \u201cscreaming\u201d questions at defense witnesses, continually interrupting the defense attorney in his attempt to address the court, mocking the defense attorney, arguing with the trial judge and making flippant responses to his rulings \u2014 served to create a biased atmosphere in which the defendant could not receive a fair trial. We have examined the record and the cases cited by defendant. The record does not reveal such prosecutorial misconduct nor such improprieties as those involved in State v. Britt, 288 N.C. 699, 220 S.E. 2d 283 (1975), or State v. Smith, 279 N.C. 163, 181 S.E. 2d 458 (1971). Nor does the record reveal an attempt to argue matters not legitimately arising on the evidence. Compare State v. Roach, 248 N.C. 63, 102 S.E. 2d 413 (1958). Moreover, no violation of G.S. 8-57 or G.S. 8-54 appears, as in State v. Thompson, 290 N.C. 431, 226 S.E. 2d 487 (1976), and State v. Monk, 286 N.C. 509, 212 S.E. 2d 125 (1975).\nWhile the courtroom conduct of District Attorney Britt in many cases reflects a callous indifference to decisions of this Court, see in particular State v. Britt, 288 N.C. 699, 220 S.E. 2d 283 (1975), and State v. Thompson, 290 N.C. 431, 226 S.E. 2d 487 (1976), a fact we note in passing, we find in this case no impropriety of sufficient moment to warrant a new trial. The verdict and judgment must therefore be upheld.\nNo error.", "type": "majority", "author": "HUSKINS, Justice." }, { "text": "Justice EXUM\nconcurring.\nI write to disassociate myself from what is at least an intimation in the majority opinion that the conduct of the district attorney complained of on appeal was overall not improper but merely another example of order-of-the-day, colorfully zealous advocacy. I cannot discern from the opinion itself whether the majority\u2019s view is that the district attorney\u2019s conduct, while improper, was not sufficiently prejudicial to warrant a new trial or whether it is that his conduct was not improper. In my view the district attorney\u2019s conduct goes beyond that which is permitted to zealous advocacy.\nThe North Carolina Code of Professional Responsibility, Disciplinary Rule 7-106(c)(2), 283 N.C. 783, 837 (1973), provides:\n\u201cIn appearing in his professional capacity before a tribunal, a lawyer shall not . . . ask any question that he has no reasonable basis to believe is relevant to the case and that is intended to degrade a witness or other person.\u201d\nThe American Bar Association\u2019s Standards Relating to the Administration of Criminal Justice, The Prosecution Function, \u00a7 5.7(a), Compilation, p. 97, provides:\n\u201cThe interrogation of all witnesses should be conducted fairly, objectively and with due regard for the dignity ... of the witness, and without seeking to intimidate or humiliate the witness unnecessarily. Proper cross-examination can be conducted without violating rules of decorum.\u201d\nThe district attorney\u2019s cross-examination of the witness Geraldine McNatt and his reference to her and the witness Billie Ann Leake as \u201chot numbers\u201d were unnecessary attempts to degrade, intimidate and humiliate these witnesses contrary to the ethical considerations set out above.\nThis Court said in State v. Miller, 271 N.C. 646, 657, 157 S.E. 2d 335, 344 (1967): \u201cDefendants in criminal prosecutions should be convicted upon the evidence in the case, and not upon prejudice created by abuse administered by the solicitor in his argument.\u201d The North Carolina Code of Professional Responsibility, supra, provides: \u201cHaranguing and offensive tactics by lawyers interfere with the orderly administration of justice and have no proper place in our legal system.\u201d Ethical Consideration 7-37, 283 N.C. at 834. The district attorney\u2019s argument to the jury was actually that every defendant \u201chas a deep and abiding, vested interest in telling you any sort of transparent fabrication his imagination can dream up and that he thinks you are gullible enough and naive to buy.\u201d It constituted unwarranted abuse and haranguing and offensive tactic which violates the principles of State v. Miller, supra, and Ethical Consideration 7-37 of the Code of Professional Responsibility, supra. The argument is, furthermore, legally incorrect. It is proper, of course, to argue that a defendant has an interest in the outcome of the case which might tempt him to lie if he is in fact guilty, and that his testimony should therefore be scrutinized carefully. I know of no rule to the effect that every defendant has an interest in testifying falsely. To permit such an argument is, in effect, to strike a severe blow at the presumption of innocence to which all defendants are entitled. The argument, in effect, says that criminal defendants are all guilty and if they testify to the contrary in their own behalf they are simply lying. The trial judge committed error in not sustaining defendant\u2019s objection to this argument.\nThe same kind of error was committed when the district attorney referred, at least by implication, to the defendant as a criminal. The trial judge, however, intervened and instructed the jury to disregard this argument.\nBecause in this case the trial judge properly intervened, sustained most of defendant\u2019s objections to these improper pros-ecutorial tactics and instructed the jury to disregard them; and because I believe the result in this case would have been the same even if the trial court had sustained the objection to the district attorney\u2019s improper argument on the one occasion when he erroneously overruled it, I am unwilling to vote that defendant is entitled to a new trial. Therefore I concur in the result reached by the majority.", "type": "concurrence", "author": "Justice EXUM" } ], "attorneys": [ "Rufus L. Edmisten, Attorney General, by Elizabeth C. Bunting, Assistant Attorney General, for the state of North Carolina.", "Arthur L. Lane and Paul B. Eaglin, attorneys for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. ROBERT LEE THOMPSON\nNo. 61\n(Filed 15 December 1977)\n1. Criminal Law \u00a7 102.7\u2014 jury argument \u2014 characterization of defense witnesses\nThe district attorney\u2019s jury argument characterizing defendant\u2019s two female witnesses as \u201ca couple of hot numbers\u201d and referring to one of those witnesses as a \u201ccohort\u201d of the other could legitimately be inferred from the evidence and was not improper. Furthermore, any possible prejudice from such argument was cured when the court sustained defendant\u2019s objections thereto and gave the jury curative instructions.\n2. Criminal Law \u00a7 102.6\u2014 jury argument \u2014 absence of other alibi witnesses\nIt was proper for the district attorney to ask questions and argue to the jury about the whereabouts of other potential witnesses who did not testify but who could have corroborated defendant\u2019s alibi if, in fact, his alibi evidence was accurate and truthful.\n3. Criminal Law \u00a7 102.7\u2014 jury argument \u2014 absence of motive by victim to accuse falsely\nIn this rape prosecution, the district attorney\u2019s jury argument that the prosecuting witness lacked \u201cthe guts, the imagination, the intelligence and the reason to come into a court of law and just pluck some innocent fellow out of the public and send him off\u201d was not improper.\n4. Criminal Law \u00a7 102.9\u2014 jury argument \u2014 defendant\u2019s interest in testifying falsely\nThe district attorney\u2019s jury argument that defendant\u2019s testimony should be carefully scrutinized because a defendant \u201chas a deep and abiding, vested interest in telling you any sort of transparent fabrication his imagination can dream up and that he thinks you are gullible enough and naive enough to buy\u201d was merely an assertion that a criminal defendant has an interest in testifying falsely if he believes the jury will give credence to his false testimony and was not improper.\n5. Criminal Law \u00a7 102.6\u2014 jury argument \u2014 blame for freeing criminals \u2014 curative instructions\nAny possible prejudice to defendant because of the district attorney\u2019s jury argument that juries must accept the blame if criminals are turned loose and set back on society was overcome when the trial court on its own motion instructed the district attorney that the defendant was not a criminal and was not to be referred to in such terms and instructed the jury not to consider any such reference to the defendant.\nJustice Exum concurring.\nDEFENDANT appeals from judgment of Preston, J., 28 February 1977 Session, ROBESON Superior Court.\nDefendant was tried upon a bill of indictment charging him with the first degree rape of Naomi Hardin on 8 February 1975.\nThe State\u2019s evidence tends to show that on 8 February 1975 at about 12:45 a.m. Naomi Hardin and her estranged husband were sitting in a car parked in a secluded area known locally as Lover\u2019s Lane. The doors of the car were jerked open by two black males, both wearing masks and one carrying a sawed-off shotgun. Mr. and Mrs. Hardin were ordered from the car. Mr. Hardin attempted to flee but was caught and knocked unconscious by a blow from one assailant\u2019s shotgun. Mrs. Hardin attempted to flee, was caught and forced to walk through a wooded area to the assailants\u2019 car. There she was forced into a light colored 1966 Plymouth Fury with a loud muffler. She was blindfolded but her blindfold did riot completely obscure her vision.\nThe assailants drove the car several miles down various roads and Mrs. Hardin was able to discern the route they followed. She was familiar with the roads followed because she sold insurance and had clients living in that area. During this journey her captors removed their masks and Mrs. Hardin was able to observe their features. She was also able to observe that the car had a black interior, a three-speed standard gear shift mounted on the steering column and a red oil or alternator light which blinked on and off continually.\nThe car stopped in front of a white frame house. Mrs. Hardin was forced to have sexual relations with one of her assailants in the front seat of the parked, car. She was then escorted into the house where she was forced to have relations with the other assailant. She had slipped her blindfold up over her eyes and had an unobstructed view of this latter assailant, whom she later identified as defendant. She was then returned to the car which was driven toward Lumberton. During this journey she was raped again. Finally the rapists stopped the car in a wooded area and Mrs. Hardin was permitted to leave.\nMrs. Hardin subsequently identified a pale yellow 1966 Plymouth Fury belonging to defendant as similar to the car in which she had been abducted. Defendant\u2019s car had a black interior, a three-speed standard transmission mounted on the steering column, a loud muffler, and a red oil light which blinked on and off continually when the car was in motion. Mrs. Hardin also traced the route her assailants followed and directed officers to a white frame house which she identified as the place where defendant raped her. Defendant had been given permission to occupy this house in exchange for his promise to work for the man who farmed the property on which it was located. Mrs. Hardin identified defendant as one of her assailants and selected him from a lineup of nine men. On the first attempt to identify her assailants from this lineup, she selected another man but, after calming herself, she returned to the lineup and identified defendant and Willie Davis McEachern as her assailants. McEachern\u2019s conviction has heretofore been upheld. See 290 N.C. 431, 226 S.E. 2d 487.\nDefendant\u2019s testimony tended to show that at the time Mrs. Hardin was raped he was talking with two girls at a local gathering place. Defendant stated that he had loaned his car to Willie McEachern, identified by Mrs. Hardin as the other man who had raped her, and that he talked to the two girls for one and one-half to two hours while waiting for McEachern to return the car. His testimony concerning his whereabouts at the time of the rape was corroborated by two young women, Billie Ann Leake and Geraldine McNatt.\nDefendant was convicted of first degree rape and sentenced to life imprisonment. He appealed to the Supreme Court assigning errors noted in the opinion.\nRufus L. Edmisten, Attorney General, by Elizabeth C. Bunting, Assistant Attorney General, for the state of North Carolina.\nArthur L. Lane and Paul B. Eaglin, attorneys for defendant appellant." }, "file_name": "0713-01", "first_page_order": 747, "last_page_order": 756 }