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178 IN THE COURT OF APPEALS [lg
State v. Graves
him as his girl friend and walked several blocks with her hold-ing
her by the a m . She refused and told him she " . . . wanted
to go home. I mean come back uptown." As Samuel and Beverly
came through an alley, he saw defendant and another boy at the
other end of the alley. Samuel picked up something like a
wooden basket and grabbed Beverly and started toward Price's.
They met Beverly's brother, Arthur Henderson, who told him
to let his sister go and said he was going for the police. Samuel
caught Arthur Henderson by the arm and the three of them
went around the corner. When they went around the corner,
a car pulled up and defendant jumped out. He was talking so
fast that Samuel could not understand him. Arthur Henderson
went one way and Beverly the other and defendant shot Samuel
in the left arm with a shotgun. Samuel did not have a knife
or gun in his pocket and did not make a motion toward his
pocket.
On cross-examination, Samuel admitted that he did not
ask Beverly if she wanted to accompany him and she was crying
" . . . because I would not let her go." He further admitted that
"I knew that she wanted to get loose. But I did not turn her
loose."
He admitted that he had been convicted for breaking and
entering and larceny, for assault with a knife upon one Oscar
Wrenn, fo'r shooting James Brown with a shotgun, and several
other criminal offenses.
Again upon cross-examination, Samuel admitted that he
had threatened Beverly about going with Levon (defendant) and
had been to her home arguing with her about this and hit her
several times.
The evidence for defendant presented a somewhat different
story. Defendant testified in substance as follows:
At the time of this occurrence he was dating Beverly
Henderson every weekend, they were engaged to be married,
and later she became his wife. He was at Price's Danceland
when Samuel Graves came in and talked to him about Beverly
Henderson and that " . . . she had dons him wrong. . . . 1'
Shortly thereafter Beverly came into Price's and he asked
her a question but before she could answer, Samuel came up
and grabbed her around the neck. When defendant protested
Object Description
| Title | North Carolina Court of Appeals Reports [v.018, Spring Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 18, Spring Session 1973. Cited as 18 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 36.8 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_018.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 202 |
| Full Text | 178 IN THE COURT OF APPEALS [lg State v. Graves him as his girl friend and walked several blocks with her hold-ing her by the a m . She refused and told him she " . . . wanted to go home. I mean come back uptown." As Samuel and Beverly came through an alley, he saw defendant and another boy at the other end of the alley. Samuel picked up something like a wooden basket and grabbed Beverly and started toward Price's. They met Beverly's brother, Arthur Henderson, who told him to let his sister go and said he was going for the police. Samuel caught Arthur Henderson by the arm and the three of them went around the corner. When they went around the corner, a car pulled up and defendant jumped out. He was talking so fast that Samuel could not understand him. Arthur Henderson went one way and Beverly the other and defendant shot Samuel in the left arm with a shotgun. Samuel did not have a knife or gun in his pocket and did not make a motion toward his pocket. On cross-examination, Samuel admitted that he did not ask Beverly if she wanted to accompany him and she was crying " . . . because I would not let her go." He further admitted that "I knew that she wanted to get loose. But I did not turn her loose." He admitted that he had been convicted for breaking and entering and larceny, for assault with a knife upon one Oscar Wrenn, fo'r shooting James Brown with a shotgun, and several other criminal offenses. Again upon cross-examination, Samuel admitted that he had threatened Beverly about going with Levon (defendant) and had been to her home arguing with her about this and hit her several times. The evidence for defendant presented a somewhat different story. Defendant testified in substance as follows: At the time of this occurrence he was dating Beverly Henderson every weekend, they were engaged to be married, and later she became his wife. He was at Price's Danceland when Samuel Graves came in and talked to him about Beverly Henderson and that " . . . she had dons him wrong. . . . 1' Shortly thereafter Beverly came into Price's and he asked her a question but before she could answer, Samuel came up and grabbed her around the neck. When defendant protested |
