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88 IN THE COURT OF APPEALS [I9
--
State v. Hines
"It was Charles Hines and he [Logan] said, 'don't give it to
me, give it to him.' Charles Hines was standing at the door with
the gun and he was holding the gun on me. The door was
around eight feet from where I was standing and he said, 'give
it to me.' So I gave it to him. . . . I started back in the kitchen
and Charles said, 'don't you go back in there.' He said 'come
back and stand right here. If you don't you wish you had of.' "
Mrs. Jones' account of the robbery was corroborated by one of
the other people who was in the grill at the time of the robbery.
Mrs. Jones stated that she knew both defendants. "I had
known Charles Hines around four years. Charles used to come
by my cafe a lot and get cookies and stuff like that.'' She
said that she did not know exactly where Hines lived but it was
close to her grill. On cross-examination Mrs. Jones said she
knew Charles Hines by sight and name and Logan by sight.
Logan and Hines both denied having robbed Mary's Grill
on 15 December 19'70 and presented evidence in the effort to
establish an alibi.
From judgment of imprisonment for 12 to 14 years, de-fendant
Hines entered notice of appeal. The appeal was not
perfected, and upon post-conviction hearing, counsel was ap-pointed
by the court to represent the defendant and present his
case for appellate review.
Attorney General Morgan, by Assistant Attorney General
Webb, for the State.
Hamrick & Bowen, by James M. Bowen, for defendant ap-pellant.
BALEY, Judge.
The record discloses that no objections were made or excep-tions
entered at the trial by the attorneys privately employed
by the defendant who are not now his court-appointed counsel
for this appeal. Ordinarily assignments of error not based on
exceptions are deemed to be abandoned, Rule 19 (c) , however,
under the unusual circumstances here involved we have con-sidered
all of the contentions of the defendant upon their merit.
[I, 21 The sufficiency of the evidence to support a conviction
is reviewable on appeal under G.S. 15-173.1 without exception.
In this case the State's evidence shows the defendant with a gun
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| 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 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 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 | 37.5 MB; 848 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_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 112 |
| Full Text | 88 IN THE COURT OF APPEALS [I9 -- State v. Hines "It was Charles Hines and he [Logan] said, 'don't give it to me, give it to him.' Charles Hines was standing at the door with the gun and he was holding the gun on me. The door was around eight feet from where I was standing and he said, 'give it to me.' So I gave it to him. . . . I started back in the kitchen and Charles said, 'don't you go back in there.' He said 'come back and stand right here. If you don't you wish you had of.' " Mrs. Jones' account of the robbery was corroborated by one of the other people who was in the grill at the time of the robbery. Mrs. Jones stated that she knew both defendants. "I had known Charles Hines around four years. Charles used to come by my cafe a lot and get cookies and stuff like that.'' She said that she did not know exactly where Hines lived but it was close to her grill. On cross-examination Mrs. Jones said she knew Charles Hines by sight and name and Logan by sight. Logan and Hines both denied having robbed Mary's Grill on 15 December 19'70 and presented evidence in the effort to establish an alibi. From judgment of imprisonment for 12 to 14 years, de-fendant Hines entered notice of appeal. The appeal was not perfected, and upon post-conviction hearing, counsel was ap-pointed by the court to represent the defendant and present his case for appellate review. Attorney General Morgan, by Assistant Attorney General Webb, for the State. Hamrick & Bowen, by James M. Bowen, for defendant ap-pellant. BALEY, Judge. The record discloses that no objections were made or excep-tions entered at the trial by the attorneys privately employed by the defendant who are not now his court-appointed counsel for this appeal. Ordinarily assignments of error not based on exceptions are deemed to be abandoned, Rule 19 (c) , however, under the unusual circumstances here involved we have con-sidered all of the contentions of the defendant upon their merit. [I, 21 The sufficiency of the evidence to support a conviction is reviewable on appeal under G.S. 15-173.1 without exception. In this case the State's evidence shows the defendant with a gun |
