State v. Emory
State v. Emory
Opinion of the Court
The defendant first assigns as error the exclusion of evidence relating to certain events occurring after the shooting which resulted in the death of Johnny Carlton. As his defense was based upon the theory of self-defense, the defendant contends that this evidence was admissible as tending to show the character of the deceased as a violent and dangerous fighting man. We do not agree.
During the direct examination of the defendant, he attempted to introduce evidence that a bomb exploded in his car on 17 January 1977 and other evidence tending to show acts or threatened acts of violence against him or his family after the shooting of the deceased. The trial court conducted a voir dire hearing and specifically ruled that evidence tending to show threats or acts of violence against the defendant or his family occurring after the death of the deceased victim in this case were excluded as irrelevant. We find that the trial court ruled correctly in this regard.
The defendant next contends that the trial court erred in excluding the testimony of H. S. Turnage, a City of Durham Public Safety Officer. Officer Turnage testified on voir dire that he was driving his patrol car in the vicinity of the defendant’s home about an hour or an hour and a half after the shooting incident. He observed two suspicious males on that occasion. Upon being stopped and questioned about the shooting incident, they indicated that they had been at the tavern at the time of the shooting incident but had not done any of the shooting. The officer then looked into their car and found a fully loaded shotgun and rifle.
This testimony by Officer Turnage was also properly excluded as irrelevant. The victim was not in the automobile when it was stopped and no evidence was introduced to indicate that he was in any way connected with the actions of the two males stopped by Officer Turnage. Such evidence did not reflect upon the character of the deceased or tend to establish that the defendant shot the deceased in self-defense. The testimony was properly excluded and the assignment is overruled.
The defendant in the present case stipulated that the deceased victim died as a result of a .22 caliber gunshot wound and the stipulation was introduced into evidence. On direct examination, the defendant testified that he shot at the deceased. On cross-examination, the defendant made the following statement concerning the deceased: “I guess I shot him once and hit him.” When considered in the light most favorable to the State, such evidence was sufficient to show that the crime of voluntary manslaughter was committed and that the defendant was the perpetrator of that crime. Therefore, the trial court did not err in denying the defendant’s motion to dismiss.
The defendant received a fair trial free from prejudicial error and we find
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.