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N.C.App.1 COURT OF APPEALS 167
State v. Benthall
of second-degree murder but not to the charge of manslaughter.
We find the charge free from prejudicial error.
No error.
Judges CAMPBELaLn d HEDRICKc oncur.
STATE OF NORTH CAROLINA v. HOMEZELLE BENTHALL
No. 7315SC287
(Filed 12 December 1973)
1. Assault and Battery 9 13- evidence that defendant shot victim on
other occasions
In a prosecution for assault with a deadly weapon with intent to
kill inflicting serious injuries, testimony by the prosecutrix that de-fendant
had shot her on four previous occasions was competent to
show that defendant shot the prosecutrix intentionally rather than
accidentally as he contended.
2. Assault and Battery § 13- defendant's contacts with victim subsequent
to shooting
In a felonious assault prosecution, testimony by the prosecutrix
and her son concerning contacts defendant had made with them sub-sequent
to the shooting did not constitute prejudicial error.
APPEAL by defendant from Clark, Judge, 14 September
1972 Session of Superior Court held in ORANGEC ounty.
By indictment, proper in form, defendant was charged with
felonious assault with a deadly weapon with intent to kill in-flicting
serious injuries. He pled not guilty.
The prosecuting witness, Martha Louise Gaddis, testified
in substance to the following: She had known the defendant
for two years and had dated him until two months prior to this
charge. On the night in question defendant came to her home
in Chapel Hill and tried to borrow money from her. When she
refused, he began cursing, so she asked him to leave. Defendant
left but a short time later returned, broke the glass in the front
door, and came in, shooting and yelling "I am going to kill you."
Defendant had a pistol and fired one shot outside the house
and three shots inside. Two shots hit her, one passing through
her lungs and one by her heart. Mrs. Gaddis was taken to the
Object Description
| Title | North Carolina Court of Appeals Reports [v.020, November 28, 1973 - February 20, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 20, November 28, 1973 - February 20, 1974. Cited as 20 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 | 34.5 MB; 842 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_020.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 195 |
| Full Text | N.C.App.1 COURT OF APPEALS 167 State v. Benthall of second-degree murder but not to the charge of manslaughter. We find the charge free from prejudicial error. No error. Judges CAMPBELaLn d HEDRICKc oncur. STATE OF NORTH CAROLINA v. HOMEZELLE BENTHALL No. 7315SC287 (Filed 12 December 1973) 1. Assault and Battery 9 13- evidence that defendant shot victim on other occasions In a prosecution for assault with a deadly weapon with intent to kill inflicting serious injuries, testimony by the prosecutrix that de-fendant had shot her on four previous occasions was competent to show that defendant shot the prosecutrix intentionally rather than accidentally as he contended. 2. Assault and Battery § 13- defendant's contacts with victim subsequent to shooting In a felonious assault prosecution, testimony by the prosecutrix and her son concerning contacts defendant had made with them sub-sequent to the shooting did not constitute prejudicial error. APPEAL by defendant from Clark, Judge, 14 September 1972 Session of Superior Court held in ORANGEC ounty. By indictment, proper in form, defendant was charged with felonious assault with a deadly weapon with intent to kill in-flicting serious injuries. He pled not guilty. The prosecuting witness, Martha Louise Gaddis, testified in substance to the following: She had known the defendant for two years and had dated him until two months prior to this charge. On the night in question defendant came to her home in Chapel Hill and tried to borrow money from her. When she refused, he began cursing, so she asked him to leave. Defendant left but a short time later returned, broke the glass in the front door, and came in, shooting and yelling "I am going to kill you." Defendant had a pistol and fired one shot outside the house and three shots inside. Two shots hit her, one passing through her lungs and one by her heart. Mrs. Gaddis was taken to the |
