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234 IN THE COURT OF APPEALS
State v. Jackson
and correctly instructed the jury to return a verdict of not
guilty of either offense if the State failed to prove beyond a
reasonable doubt the essential elements of each offense.
Finally, defendant requests this court to review the record
in the two cases in which defendant pleaded guilty to the indict-ments
charging felonious larceny of goods from the Harris
Teeter Super Markets, Inc., and Eckerds Drug Store.
The record affirmatively shows that defendant, represented
by court-appointed counsel, freely, understandingly and volun-tarily
entered pleas of guilty to separate bills of indictment,
proper in form, charging him with felonious larceny of goods
valued in excess of $200.00, from the Harris Teeter Super Mar-kets,
Inc., and Eckerds Drug Store. The prison sentences im-posed
are within the limits prescribed by statute for the offenses
charged.
The result is: in the case charging defendant with break-ing
or entering and larceny, we find no error; in the cases
charging felonious larceny, the judgments are affirmed.
Affirmed.
Judges CAMPBELLa nd PARKEcRo ncur.
STATE OF NORTH CAROLINA v. JOHN WILLIE JACKSON
No. 7318SC260
(Filed 23 May 1973)
1. Criminal Law $ 66- out of court identification of defendant - ad-missibility
of evidence as to procedure
In a prosecution charging defendant with felonious breaking or
entering and assault with intent to commit rape where the evidence
tended to show that on the same afternoon of the alleged offense the
victim picked defendant's photograph out of several hundred shown
her at the police department and on the following day pointed defend-ant
out to police on the street where he was working with several
others, the out of court identification procedure was in all respects
proper and the court's admission of the testimony describing such
procedure was not error.
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 258 |
| Full Text | 234 IN THE COURT OF APPEALS State v. Jackson and correctly instructed the jury to return a verdict of not guilty of either offense if the State failed to prove beyond a reasonable doubt the essential elements of each offense. Finally, defendant requests this court to review the record in the two cases in which defendant pleaded guilty to the indict-ments charging felonious larceny of goods from the Harris Teeter Super Markets, Inc., and Eckerds Drug Store. The record affirmatively shows that defendant, represented by court-appointed counsel, freely, understandingly and volun-tarily entered pleas of guilty to separate bills of indictment, proper in form, charging him with felonious larceny of goods valued in excess of $200.00, from the Harris Teeter Super Mar-kets, Inc., and Eckerds Drug Store. The prison sentences im-posed are within the limits prescribed by statute for the offenses charged. The result is: in the case charging defendant with break-ing or entering and larceny, we find no error; in the cases charging felonious larceny, the judgments are affirmed. Affirmed. Judges CAMPBELLa nd PARKEcRo ncur. STATE OF NORTH CAROLINA v. JOHN WILLIE JACKSON No. 7318SC260 (Filed 23 May 1973) 1. Criminal Law $ 66- out of court identification of defendant - ad-missibility of evidence as to procedure In a prosecution charging defendant with felonious breaking or entering and assault with intent to commit rape where the evidence tended to show that on the same afternoon of the alleged offense the victim picked defendant's photograph out of several hundred shown her at the police department and on the following day pointed defend-ant out to police on the street where he was working with several others, the out of court identification procedure was in all respects proper and the court's admission of the testimony describing such procedure was not error. |
