252 N.C. 333 | N.C. | 1960
The assignments present only one question: Was there sufficient evidence to overcome the motion to nonsuit?
It is conceded the three came to their death as a result of a collision between a Ford automobile operated by defendant and a Dodge station wagon driven by William W. O’Neal. Louise Mitchell and William Robert Dunston occupied the rear portion of the Ford. The collision occurred about 8:00 p.m. on 16 September 1959 about two miles from Louisburg on Highway 401, which lies in a north-south direction. The collision occurred about the east edge of the east shoulder. The automobiles were off the highway except for the rear wheels of the station wagon, which was near the east edge of the paved portion. The cars were at an angle approximating 45 degrees with the highway. The Baldy Wilson Hill crests a short distance from the place where the cars collided.
The evidence offered by the State consisted of a description of the
Defendant did not testify. He relied principally on the testimony of Fred Finch, who testified he saw the collision. Finch’s testimony contradicts defendants statement with respect to the direction of travel by the two vehicles. They were not approaching, according to Finch, but were both traveling in a southwardly direction at a speed which he estimated at 80 to 85 m.p.h. The Ford attempted to pass the station wagon at this speed as they were approaching the crest of the hill. After passing the crest of the hill, the station wagon left the paved portion and went to its right on the west shoulder. The collision occurred as the station wagon attempted to return to the paved portion.
Whether the statement made by defendant, corroborated by physical evidence, or the testimony of Finch correctly portrays the situation, there is evidence of a violation of the highway safety statutes and a heedless indifference to the safety and rights of others proximately resulting in the three deaths as charged in the bills of indictment. The question of defendant’s guilt was properly submitted to the jury. S. v. Phelps, 242 N.C. 540, 89 S.E. 2d 132; S. v. Cope, 204 N.C. 28, 167 S. E. 456.
No error.