# State v. Hudson

> Supreme Court of North Carolina · April 22, 1992 · 331 N.C. 122

URL: https://www.frixlaw.com/law-library/cases/9604993

## Case

- **Full name:** State of North Carolina v. Jimmy Dale Hudson
- **Court:** Supreme Court of North Carolina
- **Decided:** April 22, 1992
- **Citations:** 331 N.C. 122; 415 S.E.2d 732; 1992 N.C. LEXIS 211
- **Precedential status:** Published
- **Opinion:** Concurrence by Webb
- **Judges:** Meyer, Webb
- **Cited by:** 38 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9604993

## How later opinions describe it (automated extraction)

- holding that trial court did not err in giving instruction that used the term “honest, substantial misgiving” but did not use “the combination of the terms found offensive by the Cage Court”
- holding that trial court failed to exercise discretion even though it instructed jury to recall testimony

## Opinion text

*159 Justice WEBB
concurring.
I concur with the result reached by the majority but not with all its reasoning.
The majority says that it was harmless error to admit Dr. Mayer’s testimony that the defendant did not exhibit the symptoms of a person in a psychotic state. I would hold it was not error to admit this testimony. A witness may testify as to the mental condition or capacity of a person if he has had a chance to observe that person although the witness is not an expert in mental disorders. See 1 Henry Brandis, Jr., Brandis on North Carolina Evidence § 127 (3d ed. 1988).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9604993. Public record. Not legal advice.