State v. Raines

I

The majority today decides that a voluntary patient in a private hospital is in the “custody” of the hospital within the meaning of N.C.G.S. § 14-27.7. I cannot follow the majority in its tortured path to this conclusion and therefore dissent.

As the majority states, custody involves the control of a person. As the evidence in this case amply shows, St. Joseph’s Hospital did not have control of the female prosecuting witness, either in law or in fact.

Q. Now,, are you saying that you’re familiar with the admission policies of St. Joseph’s Hospital?

A. Yes, sir.

Q. Now, is a patient admitted, I…