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243 N.C. 429

90 S.E.2d 690

State v. Hooker

Supreme Court of North Carolina

Decided January 13, 1956

Supreme Court of North Carolina · decided 1956-01-13

Key passage — most relied on by later courts

““1. In North Carolina a defendant may be convicted upon the unsupported testimony of an accomplice, if the jury is satisfied from such testimony and beyond a reasonable doubt of his guilt; and, in this case, the witness Ted Cook is what is known in law as an accomplice; and I further instruct you that his testimony as to the guilt of the defendant is unsupported by any other evidence. 2. The Court further instructs you that it is dangerous to convict a defendant upon the unsupported testimony of an accomplice; that it will be dangerous to convict the defendant in this case upon the testimony of Ted Cook, although it is permissible for you to do so if the State has satisfied you beyond a reasonable doubt of the defendant’s guilt; and that it is your duty to scrutinize the testimony of the witness Ted Cook with caution and with care and in the light of his interest and bias, if any, in the case.””

quoted by 1 later decision, including State v. Kirby

“`While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance.'”

quoted by 1 later decision, including 193 N.C. App. 457 - State v. TEJEDA-RIVERA

Relies on State v. . Ashburn · State v. . Booker · State v. . Barber

Good law ✅— No negative treatment on recordhow we know

Decided 1956-01-13

How this case has been cited

Cited by 39 later decisions — most recently March 2009 · most notably State v. Abernathy (1978), State v. Bailey (1961)

39 state decisions

120195619601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

WiNBORNE, J.

¶1 In apt time defendant, appellant, in writing requested the trial court to give these special instructions:

“1. In North Carolina, a defendant may be convicted upon the unsupported testimony of an accomplice, if the jury is satisfied from such testimony and beyond a reasonable doubt of his guilt; and, in this case, the witnesses Purcell and Williams are which is known in law as accomplices; and their testimony as to the guilt of the defendant is unsupported by any other evidence.
“2. However, the court further instructs you that it is dangerous to convict a defendant upon the unsupported testimony of an accomplice; that it will be dangerous to convict the defendant in this case upon the testimony of Purcell and Williams, although it is your duty to do so if their testimony has satisfied you beyond a reasonable doubt of the *431 defendant’s guilt; and that it is your duty to scrutinize their testimony with caution and with care and in the light of their interest and bias, if any, in the case.”

¶2 The court refused to give either of these instructions, and to the failure to do so, defendant excepted, and assigns same as error.

¶3 While the court is not required to give the instruction in the exact language of the request, if request be made for a specific instruction, which is correct in itself and supported by evidence, the court must give the instruction at least in substance. S. v. Booker, 123 N.C. 713, 31 S.E. 376; S. v. Henderson, 206 N.C. 830, 175 S.E. 201; S. v. Pennell, 232 N.C. 573, 61 S.E. 2d 593.

¶4 Indeed, here the requested instructions find support in decisions of this Court. S. v. Barber, 113 N.C. 711, 18 S.E. 515; S. v. Williams, 185 N.C. 643, 116 S.E. 570; S. v. Ashburn, 187 N.C. 717, 122 S.E. 833.

¶5 However, the court did give general instructions in this respect. But defendant contends, and we think rightly so, that the charge as given by the court failed to cover substantially the matters included in the requested instruction in that: The court failed to instruct the jury (1) “that Purcell and Williams were actually accomplices, according to their testimony,” and (2) “that their testimony as to defendant’s participation in the alleged offense was unsupported by any other evidence in the case.”

¶6 For error thus pointed out, there must be a

¶7 New trial.

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