State v. EmighÂ, 256 N.C. App. 737

On Nov. 29, 2015, Wildlife Officer Wilkins observed a pickup in a field at night with a spotlight sweeping the field and heard gunshots; deer tracks and blood were present.
Defendant Emigh was an occupant of the vehicle; two rifles typical for deer hunting were in the truck and occupants admitted discharging 15–17 rounds.
Defendant was cited under statutes prohibiting taking deer with the aid of artificial light; District Court convicted and Emigh appealed for trial de novo to Superior Court.
At Superior Court, a jury convicted Emigh of unlawfully taking a deer with artificial lighting; sentence included probation, electronic monitoring, and a $500 fine.
On appeal, Emigh argued the trial court improperly expressed an opinion in jury instructions by defining “takes a deer” to include “sweeping a spotlight over a field and firing a weapon.”

Issue	State's Argument	Emigh's Argument	Held
Whether the jury instruction improperly expressed the court's opinion by defining “takes a deer” as intending to hunt and sweeping a spotlight while firing	Instruction accurately reflected prima facie elements of N.C.G.S. § 113‑302(b) and the Pattern Instruction; it was a legal statement, not an opinion	Instruction went beyond neutral law and amounted to the court expressing an opinion that the described conduct was an attempt to hunt deer	No error: instruction was an accurate restatement of statutory prima facie requirements and Pattern Jury Instruction
If instructional error occurred, whether plain error review requires reversal	Evidence established prima facie case (artificial light in deer area + access to firearms + shots fired); no prejudice	Even if improper, Emigh claims prejudice because instruction could have led jury to convict based on court’s opinion	No plain error: ample evidence supported verdict; instruction did not probably produce a different verdict

State v. Lawrence, 365 N.C. 506 (2012) (plain error standard applies to unpreserved instructional error)
State v. Bagley, 321 N.C. 201 (1987) (defining plain error as error that probably produced a different verdict)
State v. Bryant, 245 N.C. 645 (1957) (explaining prima facie evidence carries the case to the jury)