State v. Trueblood
State v. Trueblood
Opinion of the Court
Defendant’s first assignment of error is directed to the court’s denial of his motions for nonsuit made at the close of the State’s evidence and renewed at the close of all the evidence. Defendant contends that the evidence in this case is not sufficient to support a verdict of guilty and not sufficient for submission to the jury. We disagree.
It is elementary that, on motion for nonsuit, the evidence, whether competent or incompetent, must be considered in the light most favorable to the State, and every reasonable inference must be drawn in favor of the State. State v. Furr, 292 N.C. 711, 235 S.E. 2d 193 (1977), cert. denied, 434 U.S. 924 (1978).
Applying these guidelines, we find that the evidence presented at trial is sufficient to allow the jury to find the following:
On 20 April 1977, deceased and a friend, James Everett, skipped school. After they got out on the street, they saw defendant, a 16 year old boy who had stopped school in the 9th grade. He told them that some other boys were skipping school and had gone down to the Nature Trail at the Knobbs Creek Recreation Center. These other boys were all related to defendant. Deceased and James decided to go to the Nature Trail also. They had on school clothes. Deceased had on long pants. When they got to the Nature Trail, the others were already there. Part of the river runs up in the area behind the Nature Trail. Neither deceased nor James knew how to swim. Both were small and thin. Deceased found some “cut-off” shorts lying on the ground. He took off his school clothes and put on the shorts. He also found an old life
In State v. Williams, 231 N.C. 214, 56 S.E. 2d 574 (1949), the Court defined involuntary manslaughter as “the unlawful killing of a human being unintentionally and without malice but proximately resulting from the commission of an unlawful act not
“There was no evidence of malice, or that the defendant intended to drown the girl, but against her will and over her protest that she could not swim he pulled her into deep water where she drowned. True the defendant came near drowning also but that did not palliate his action. The fatal consequences to Dorothy Lynn Smith under the evidence must be ascribed to the defendant’s unlawful and culpably negligent conduct which it could reasonably have been foreseen was likely to result in serious injury. (Citations omitted.)” 231 N.C. at 215, 56 S.E. 2d at 574.
Here there is no real evidnece of malice, but in our opinion, the jury could reasonably find from the evidence that deceased’s death “must be ascribed to the defendant’s unlawful and culpably negligent conduct which it could reasonably have been foreseen was likely to result in serious injury.” Id; see State v. Pond, 125 Me. 453, 134 A. 572 (1926). Defendant’s first assignment of error is overruled.
Defendant next assigns as error the court’s allowing into evidence testimony that Nelson was in fact dead and that his death resulted from drowning. It is true that authorities differ as to when a witness not a medical expert may express an opinion as to the cause of death, but “the general rule ... is that the opinion of a nonmedical witness as to the cause of death is admissible if the witness is qualified by experience and observation to give an
Here the evidence showed that a young boy who could not swim was pushed off a log; that his floundering carried him away from the log to deep water; that his head bobbed three times, and he was not seen again; that his body was recovered a very short time thereafter. Experienced police officers testified that the body they recovered from the river was a dead body. Certainly, that the child had died from drowning “is more in the nature of a fact than an opinion.” Id. This assignment of error is without merit.
Finally, defendant contends the court committed prejudicial error in failing to give the jury a legal definition of reasonable doubt. The court is not required to define reasonable doubt absent a request to do so. State v. Edwards, 286 N.C. 140, 209 S.E. 2d 789 (1974). There was no request here. This assignment of error is without merit.
In defendant’s trial we find
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.