Case law

Turner v. Thomas

369 N.C. 419 · Supreme Court of North Carolina · Dec 21, 2016

in continuing an unfounded criminal proceeding when otherwise it would have been terminated may be hable for malicious prosecution” (footnotes omitted)); id. § 18, at 751 (stating that, even if “the defendant is granted immunity … According to well-established North Carolina law, [a] pleading complies with [N.C. R. Civ. P.

State v. Avery

315 N.C. 1 · Supreme Court of North Carolina · Dec 10, 1985

O’Reilly, a sociologist who was qualified as an expert witness in the fields of statistics and demography, as those fields are applied to composition of jury pools, testified for the defense. … The evidence here clearly shows that defendant attempted to burn Building 201. Defendant ignited a fire bomb in Building 201 which caused some blackening of the floor tile, a steel cabinet and an office partition.

State v. Forrest

321 N.C. 186 · Supreme Court of North Carolina · Dec 2, 1987

Here, irrefutable proof of premeditation and deliberation is clearly present. … Here, many of the circumstances that we have held to establish a factual basis for a finding of premeditation and deliberation are present.

State v. . Sheffield

206 N.C. 374 · Supreme Court of North Carolina · Apr 11, 1934

The evidence clearly indicated that it was Welch that Sheffield was trying to kill and not Miller. … The law applicable to murder in the first degree and the duty of the State to establish same beyond a reasonable doubt, was clearly set forth.

White Ex Rel. White v. Hines

182 N.C. 275 · Supreme Court of North Carolina · Oct 26, 1921

principle has been applied, and it has frequently been held, in accordance with his Honor’s ruling, that the admission of a separate fact relevant to the inquiry, though only a part of an entire paragraph, is competent without qualifying … Evidence as to his mind subsequent to the injury and at the time of the trial was clearly competent in support of the plaintiff’s contention. This disposes of exceptions 45, 46, and 47. E. L.

State v. Sparks

285 N.C. 631 · Supreme Court of North Carolina · Aug 30, 1974

Cone, who was qualified as an expert forensic chemist specialized in the field of physical evidence, testified that from the tests he had conducted on defendant’s left hand there were indications that defendant “could have … This form of question clearly invited the argument, which Coach Company makes, that could or might have in Jeffries’ answers amounts to nothing more than his speculation as to possibilities.

Gilbert v. North Carolina State Bar

363 N.C. 70 · Supreme Court of North Carolina · Mar 20, 2009

Qualified Pers., Inc., 294 N.C. 200, 208 , 240 S.E.2d 338, 343 (1978). Plaintiff argues that this interlocutory appeal does not affect a substantial right. … Plaintiff’s evidence at the hearing on the parties’ summary *86 judgment motions not only failed to forecast that plaintiff could establish these elements, it demonstrated that plaintiff could not establish them.

Newell v. Nationwide Mutual Insurance

334 N.C. 391 · Supreme Court of North Carolina · Jul 30, 1993

Although Slater answered in the negative when asked if he believed he was entitled to operate the truck, he qualified his answer by giving as a reason the fact that he was driving *397 without a license. … The policy establishes mutually exclusive classes. The selective use of these terms creates an ambiguity. Newell, 102 N.C. App. at 629 , 403 S.E.2d at 529 (emphasis added).

Britt v. . Board of Canvassers

172 N.C. 797 · Supreme Court of North Carolina · Dec 22, 1916

Nor is the question before us as to who is entitled to the certificate of election and commission, which but establish the right to the office prima facie , and we can make no order in reference to the certificate and *Page … A defense is sufficient which sets up that after the canvass another than the relator was declared elected, received the certificate of election, and qualified by taking the oath of office, notwithstanding a claim by the

Locust v. Pitt County Memorial Hospital, Inc.

358 N.C. 113 · Supreme Court of North Carolina · Feb 6, 2004

On 2 June 1994, decedent’s sister, plaintiff Helen Locust, qualified as administratrix and filed a complaint alleging negligence against defendants and seeking to recover damages for decedent’s wrongful death including: ( … Read together, and in light of Williford , these statutes clearly mandate distribution of potential wrongful death proceeds to decedent’s brothers and sisters. Mrs.

State v. Fox

277 N.C. 1 · Supreme Court of North Carolina · Jul 31, 1970

The transcript was clearly competent to corroborate Sheriff Clay’s statement of defendant’s confession. … Swain to withdraw a witness for the purpose of qualifying an exhibit about which he wished to question the witness.

Fletcher v. Collins

218 N.C. 1 · Supreme Court of North Carolina · Jun 19, 1940

Clearly the primary purpose of the act is to authorize the creation of school districts. The provisions for bonds and taxation are merely incidental — though essential — to the primary purpose. … It establishes a corporate or charter district in conflict with the avowed policy of the general law eliminating such districts.

Taylor v. Parks

254 N.C. 266 · Supreme Court of North Carolina · Mar 22, 1961

Its purpose is to establish a ready means of proving agency in any case where it is charged that the negligence of a nonowner operator causes damage to the property or injury to the person of another. Travis v. … Moreover, he was bound by the testimony of the defendant, given as under cross-examination, for it was neither contradicted nor qualified (Krewson, Ex’x, v.

State v. Van McDougall

308 N.C. 1 · Supreme Court of North Carolina · Apr 5, 1983

He was qualified as an expert in the analysis of blood and urine samples for the presence of various chemicals and has specialized in the study of such drugs as cocaine. … Clearly defendant removed Diane from her home at knife point and dragged her to an automobile in the driveway.

In re R.A.F., R.G.F.

Supreme Court of North Carolina · Apr 28, 2023

This led the dissent to contend that the Rules of Appellate Procedure do not permit the Court of Appeals to construe these filings as a petition for a writ of certiorari because the filings “clearly do not meet the requirements … As Rule 1 of the Rules of Appellate Procedure explains, “[t]hese rules shall not be construed to extend or limit the jurisdiction of the courts of the appellate division as that is established by law.” N.C. R. App.

State v. Craig

308 N.C. 446 · Supreme Court of North Carolina · May 31, 1983

The record reveals that the expert witness to which the defendant refers was qualified only as an expert in fingerprint identification. … The fact that no expert was called to establish this connection merely goes to the weight of the evidence.

McLeod v. Williams

122 N.C. 451 · Supreme Court of North Carolina · May 3, 1898

The judgment conclusively establishes the obligation, and such .facts must be assumed to exist as warranted its rendition, inasmuch as neither coverture nor any other defence was set up in opposition to defeat it. … We know that in four States of the Union women are as fully qualified electors as the men, and that, in all the States but twelve, they vote for some purposes; in most of our States and in England, they can hold office; married

Ruffin v. . Harrison

81 N.C. 208 · Supreme Court of North Carolina · Jun 5, 1879

Dickinson, who died after the defendant’s appointment and during the ward’s minority, wherein the guardian had been appointed executo^ and qualified as such. … The present case clearly is embraced in the first mentioned class, and is distinguished from the others.

State v. Cobb

Supreme Court of North Carolina · May 6, 2022

set forth in establishing the checking station. … Further, the trial court found that all vehicles were stopped pursuant to the established plan.

Adams v. . Turrentine

30 N.C. 147 · Supreme Court of North Carolina · Dec 5, 1847

The recital in the latter statute is only of escapes that are clearly voluntary, and the operative words of the former are, “ suffer to go out of prison,” and of the latter, “ suffer or let such prisoner go at large;” and … It is, that it would put an end at once to the beneficial and well established doctrine of recaption or fresh pursuit.