State v. Barbour
Court of Appeals of North Carolina
APPEAL by defendant from Lewis, Judge. Judgment entered 22 September 1978 in Superior Court, ALAMANCE County. Heard in the Court of Appeals on 28 August 1979. Defendant was tried on a bill of indictment proper in form for the second degree murder of William Samuel Abner. Upon his plea of not guilty, the State offered evidence which tended to show that, on the night of 13 June 1974, defendant intentionally shot Abner in the back as Abner walked away from defendant.
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APPEAL by defendant from Lewis, Judge. Judgment entered 22 September 1978 in Superior Court, ALAMANCE County. Heard in the Court of Appeals on 28 August 1979. Defendant was tried on a bill of indictment proper in form for the second degree murder of William Samuel Abner. Upon his plea of not guilty, the State offered evidence which tended to show that, on the night of 13 June 1974, defendant intentionally shot Abner in the back as Abner walked away from defendant. Witnesses for the State testified that defendant leaned across the open rear door of the car in which he and Abner had been…
1Opinion of the Court
HEDRICK, Judge.
[1] Defendant first assigns error to the Court’s allowing Officer Hoggard to testify that the defendant stated to his wife in the presence of the officer, “I shot him. . . . You know what happened.” When defendant objected to testimony of what he said, the Court conducted a voir dire examination to determine the admissibility of the offered evidence.
The substance of the voir dire testimony was as follows:
Officer Hoggard testified that he advised defendant of his Miranda rights when he first arrived at the scene of the shooting:
I advised him that he had a right to remain silent.…
2Cases cited11 opinions
- State v. MillerSupreme Court of North Carolina · 1967
- State v. BrittSupreme Court of North Carolina · 1977
- State v. FletcherSupreme Court of North Carolina · 1971
- State v. WilliamsSupreme Court of North Carolina · 1970
- State v. MeadowsSupreme Court of North Carolina · 1968
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Neelley v. StateCourt of Criminal Appeals of Alabama · 1985