State v. Earnhardt

CARLTON, Justice.

I

The Court of Appeals’ majority and dissenting opinions present an extensive recitation of the facts; reference is made to those opinions. 56 N.C. App. 748, 290 S.E. 2d 376 (1982). We present a summary of the facts sufficient to understand the contentions addressed.

Evidence for the State tended to show the following:

On the night of 28 June 1980 Donald Lagree and Walter Horne were drinking wine and beer and smoking marijuana at Horne’s house when Linda Basinger, Vickie Earnhardt, and two small children came to Horne’s house and asked for assistance with their automobile. After…