State v. Samuel
State v. Samuel
Opinion of the Court
I
Defendant first contends that the trial court erred when it allowed the district attorney to lead Wardell Williams, a witness for the State, and elicit testimony concerning the legal
II
Defendant next assigns error to the admission of a colloquy, a representative portion of which follows:
Q. Would you have paid this claim had you known that the person who presented himself to you as Wardell E. Williams was in truth and fact not Wardell Williams but James Bernard Samuel?
Mr. Liner: Objection to what he would have done.
Court: Overruled. You may answer.
A. We would have paid the individual either listed on the registration or the title irrespective of what the individual that was presenting himself said his name was.
Q. Would you have paid that claim had you known that the person who presented himself to you as Wardell E. Williams was in truth and fact not Wardell E. Williams but was James Bernard Samuel?
Mr. Liner: Same Objection.
Court: Overruled.
Q. Would you have paid that claim under those circumstances?
A. That — if an individual misrepresents himself that would lead me to questions and I doubt if I’d pay it at that particular time.
*409 Q. Would you have paid that claim had you known in truth and fact that the car did not belong to either — let me rephrase it. Would you have paid that claim that day on August 13th had you known that car had been taken from Bob Neill Pontiac in 1977?
A. Negative.
He argues that the questions and testimony elicited thereby allowed the State’s witness, Malcolm Turner, to give an opinion based on hypothetical facts. We disagree for the following reasons.
First, the facts used in the “hypothetical” questions — (i) that the person who applied for and got the insurance company draft was not the named payee, Wardell Williams; (ii) that the registration certificate for the 1973 Mercedes Benz had been altered; and (iii) that the 1977 automobile had been stolen — were all in evidence prior to the examination of Malcolm Turner. Second, a lay witness may testify concerning what he or she would or could have done under certain conditions, or with the knowledge of certain facts. Brandis on North Carolina Evidence, § 131 (2d revised ed. 1982); cf. Kivett v. Telegraph Co., 156 N.C. 296, 72 S.E. 388 (1911). Malcolm Turner was asked, essentially, whether he would have paid the claim had he known of the discrepancies in the information submitted to his company. This was proper. We find no error in the admission of this testimony.
Ill
By his third assignment of error, defendant challenges the admission of incriminating documents found in the trunk of the stolen 1977 automobile, on the ground that the State failed to establish a proper chain of custody of the automobile. The automobile was seized by the North Carolina Department of Motor Vehicles (DMV) on 6 April 1981. The DMV inspectors entered the passenger compartment of the locked car through use of an unlocking device; they did not open the glove box or the trunk because “they were locked and we did not have a key to get in them and did not want to damage the vehicle to open them up.” After searching the car’s interior, the inspectors re-locked the car, towed it to, and stored it in, a locked, fenced-in area at Crews Wrecker Service in Kernersville. The car was left there
IV
We have examined defendant’s assignment of error number four and the record relating thereto and find it to be without merit.
We find defendant’s trial to have contained no error.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.