State v. Harvey
Court of Appeals of North Carolina
On writ of certiorari to review proceedings before Peel, Judge. Judgments entered 8 November 1974 in Superior Court, Edgecombe County. Heard in the Court of Appeals 18 June 1975. Defendants were charged in bills of indictment with armed robbery of Alvin Ray Staton on 21 September 1974. Both defendants pled not guilty and were brought to trial.
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On writ of certiorari to review proceedings before Peel, Judge. Judgments entered 8 November 1974 in Superior Court, Edgecombe County. Heard in the Court of Appeals 18 June 1975. Defendants were charged in bills of indictment with armed robbery of Alvin Ray Staton on 21 September 1974. Both defendants pled not guilty and were brought to trial. The evidence for the State tended to show that on 21 September 1974, Alvin Ray Staton, at approximately 3:30 p.m., went to the bus station in Rocky Mount with Kenneth Umstead to pick up his girl friend; that when his girl friend came out, Staton decided…
1Opinion of the Court
CLARK, Judge.
[1] The State called Mackey Spruill as a witness; and he testified over defendants’ objection that on 23 or 24 September 1974, he was fixing a flat tire on his car near Rocky Mount when the two defendants drove up in a 1968 or 1969 green car with New Jersey tags. One of the two defendants held a pistol on Spruill while they robbed him. Later, when the defendants were arrested, Spruill’s driver’s license was found in their possession. Spruill identified both defendants in court as the same person using the car.
The defendants submit that the admission of this testimony was error…
2Cases cited7 opinions
- The People v. GrizzelIllinois Supreme Court · 1943
- State v. . BiggsSupreme Court of North Carolina · 1944
- State v. GoodsonSupreme Court of North Carolina · 1968
- State v. LostonSupreme Court of Missouri · 1950
- D'ALLESSANDRO v. United StatesCourt of Appeals for the Third Circuit · 1937
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State v. BerryMissouri Court of Appeals · 1984
- State v. MunizNew Mexico Supreme Court · 1981
- Lee v. StateDistrict Court of Appeal of Florida · 1982
- State v. ArmstrongCourt of Appeals of North Carolina · 1980