State v. McCaskillState v. McCaskill
- Reporters:
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- Before:
- Cueiam
Thе defendant noted some sixty-six exceptions, most of thеm being to the charge of the Court. In fact, he excepted to the entire charge, bracketing eaсh paragraph and taking an exception therеto. However, in his brief he brings forth only four exceptions, all of which relate to the charge of the Court. The first of these concerns a statement by the Court that an officer has a right to make an arrest without a warrant if a violation of the Motor Vehicles Act is actually committed in his presence, and if the officer saw the сommission of the misdemeanor that he would have the right to enter the premises where the defendant lived in order to make an arrest. This is in accordance with G.S. 15-41(1). Seе also S. v. Avent, 253 N.C. 580, 118 S.E. 2d 47, and S. v. Fenner, 263 N.C. 694, 140 S.E. 2d 349.
The second exception is a further statement along the lines of the first exception, stating the rеquirements for an arrest without warrant, and upon the failure to submit to an arrest, or resistance, that the officer may use such force as appears necessary to take the accused into custody. This excеption is overruled upon authority of S. v. Fain, 229 N.C. 644, 50 S.E. 2d 904, which holds an offiсer, having a right to arrest an offender, or preventing an escape, may use such force as is necessary to effect the purpose.
The third exceрtion relates to the statement of a contentiоn of the defendant, but is not supported by any citations, and is without merit. The fourth exception is to the instruction of thе Court that if the jury found beyond a reasonable doubt that thе defendant “did intentionally and without legal justification of self-defense, shoot Willie McNair with a shotgun, and had in his mind at the timе int-tent to kill him and that serious injury was inflicted by such shooting,” that it would bе the duty of the jury to find the defendant guilty as charged. We perceive no error in this, and the defendant could not сomplain if there were, since he was not found “guilty as charged,” but of a misdemeanor. Upon examination of each of the exceptions, we find them without merit.
*791 Althоugh supported by no exceptions, the defendant аrgues in his brief that the Court failed to charge “as to the contentions of the defendant in accordance with G.S. 1-180.” This is a broadside exception which is not sufficient. S. v. Woolard, 260 N.C. 133, 132 S.E. 2d 364. Further, thе record shows no request by the defendant for a further statement of his contentions or of the law. His failure to dо so renders the exception invalid. 4 Strong’s N. C. Index, Trial, § 37.
For thе purposes of this decision, it is unnecessary to go into further description of the horrible injuries sustained by the offiсer. The jury, having found that the defendant was not acting in self-defense, was most charitable to him when it did not convict him of a felonious assault. The judge, too, was considerate in recommending that the defendant be placed on work release. He has no cause to complain, as his rights have been fully protected throughout the trial, and his exceptions are without merit.
No error.