Case law

State v. Atlantic Ice & Coal Co.

210 N.C. 742 · Supreme Court of North Carolina · Nov 25, 1936

Taking the charge as a whole, it clearly defines the offense. … “Beyond a reasonable doubt” was charged and clearly defined.

State v. Baker

338 N.C. 526 · Supreme Court of North Carolina · Dec 30, 1994

Defense counsel argued that Reid seemed perfectly qualified to decide the issue of guilt or innocence but because she has not been entirely death qualified to satisfy the State[,] she has to be excused for cause when she … by death qualified jurors not being qualified at all to be tried by his own peers, that it seems totally unfair to me and he has a right to be so tried[,] I think[,] and that the argument that I make is nothing new to you

Nobel v. Foxmoor Group, LLC

Supreme Court of North Carolina · Feb 11, 2022

Robertson’s conduct in selling that product to Nobel should not be immunized by his self-serving (and seemingly false) description of the nature of his business. … Here, the defendant’s conduct is clearly encompassed within the plain language of the UDTPA, even as that language has 3 By contrast, if Robertson had been sued by his co-founder, who was also Foxmoor

Talley v. Southern Railway Co.

163 N.C. 567 · Supreme Court of North Carolina · Nov 19, 1913

Tbe true principle cannot be stated more clearly or more strongly. But tbis Court has stated tbis rule with equal clearness and applied it most rigidly. In High v. R. R., 112 N. … The Court, in its opinion, concedes the general rule, that a person using a railroad track must “look and listen,” but says that the duty may be qualified by the attendant facts and circumstances.

State v. . Johnson

218 N.C. 604 · Supreme Court of North Carolina · Dec 20, 1940

Qualified by counsel for defendant on the voir dire . (The court holds that the statement, confession, was free and voluntary.) … S., 4640 and 4641, nevertheless it is firmly established by a number of decisions.'"

Lilly Co. v. . Saunders

216 N.C. 163 · Supreme Court of North Carolina · Sep 27, 1939

The extent to which legislative power may be delegated has heretofore been ably discussed by the present Chief Justice, who has defined, as clearly as the subject permits, the strict limitations imposed upon the General Assembly … A law is a special law if it imposes particular burdens or confers special rights, privileges or immunities upon a portion of the people of the State without including therein and being applicable to all of the class throughout

State v. Robinson

Supreme Court of North Carolina · May 6, 2022

Instead, this Court provided examples—though not an exclusive list—of what can qualify as a distinct interruption: “an intervening event, a lapse of time in which a reasonable person may … ROBINSON 2022-NCSC-60 Opinion of the Court clearly and repeatedly described the assault as one continuous episode, without

State v. Rogers

355 N.C. 420 · Supreme Court of North Carolina · May 10, 2002

Once the venire is in the courtroom, any juror, though qualified, nevertheless may ask to be excused. … Nathan Strahl, who, after being qualified, was tendered and accepted as an expert in psychiatry. During his direct examination, Dr.

Weston v. John L. Roper Lumber Co.

162 N.C. 165 · Supreme Court of North Carolina · Mar 12, 1913

Commenting on that case, Judge Battle, who annotated it, says that the doctrine of estoppel, as laid down in it, is clearly *192 established. He cites Armfield v. … The partition establishes the title, severs the unity of possession, and gives to each party an absolute possession of his portion.

State v. Pinyatello

272 N.C. 312 · Supreme Court of North Carolina · Jan 12, 1968

The indictment here accurately and clearly alleges all the constituent elements of the crime of safecracking condemned by G.S. 14-89.1 almost verbatim in the language of the statute. … The trial court correctly found that Steve Jones, a member of the State Bureau of Investigation, was qualified by training and experience as “an expert in the field of shoe prints and heel prints.” Stansbury’s N. C.

State v. Bearthes

329 N.C. 149 · Supreme Court of North Carolina · Jun 12, 1991

It is well settled that where the answers of a prospective juror to questions of the prosecution or the trial court clearly disclose that his views would impair his ability to act in accordance with his instructions and his … Rule 702 of the North Carolina Rules of Evidence permits a witness properly qualified as an expert to testify in the form of an opinion when specialized knowledge will assist the trier of fact to determine a fact in issue

State v. Gainey

355 N.C. 73 · Supreme Court of North Carolina · Feb 1, 2002

In order to establish plain error, a defendant must establish that the trial court committed error and that absent this error, the jury would have probably reached a different result. State v. … The evidence further shows quite clearly that the underlying motivation for all of defendant’s actions was the theft of the victim’s car.

McNeal Pipe & Foundry Co. v. Howland

111 N.C. 615 · Supreme Court of North Carolina · Sep 5, 1892

If the plaintiff company has failed to establish its right to a lien against the separate pieces of property that were being used for public pui'poses, and as well to show that any lien attached to the franchise of the defendant … It is conceded that the intent of the Legislature to give to mechanics, as original contractors, a lien which may have relation back and affect the rights of subse *630 quent purchasers, is clearly expressed in the statute

In Re the Will of Brown

194 N.C. 583 · Supreme Court of North Carolina · Nov 23, 1927

It is not required that a caveator shall prove that the deceased was insane in order to establish a want of testamentary capacity. … The trend of judicial opinion on this subject shows clearly that a distinction should be and is made between insanity and want of testamentary capacity.

Cates v. Wilson

321 N.C. 1 · Supreme Court of North Carolina · Nov 5, 1987

In the event of a meaningful recovery, however, a plaintiff may no longer qualify. … Accordingly, I would take this opportunity to overrule Capps in this regard and apply the rule recognized by a majority of jurisdictions— which I think clearly is the correct rule— that the " bringing of an action in which

Henderson v. City of Wilmington

191 N.C. 269 · Supreme Court of North Carolina · Mar 3, 1926

Said city shall have the further right to make a civic survey of the city, establish hospitals, clinics, or dispensaries for the poor, and dispense milk for babies; shall have the power to establish a system of public charities … S., 2832, supra, the power to acquire, establish, etc., wharves. The discretion is given to the municipal authorities, under C.

Radiator Specialty Co. v. Arrowood Indem. Co.

Supreme Court of North Carolina · Dec 16, 2022

claims,” the point in time when “the immune system fails and disease occurs . . . constitutes the first injury.” … The adjectives qualifying “sums,”  RADIATOR SPECIALTY CO. V. ARROWOOD INDEM.

State v. Jaynes

342 N.C. 249 · Supreme Court of North Carolina · Dec 8, 1995

Jaynes, he would be given any quasi immunity, full immunity or any sentencing concessions. 15. That at no time did Mr. … It is well established that when a trial court’s findings of fact are supported by competent evidence, even though conflicting, such findings are binding on appeal. State v.

State v. Wilkinson

344 N.C. 198 · Supreme Court of North Carolina · Sep 6, 1996

Defendant has offered no new argument persuading this Court to overturn established precedent. … He argues that there was an insufficient showing that these prospective jurors were not qualified to sit on the jury.

Radiator Specialty Co. v. Arrowood Indem. Co.

Supreme Court of North Carolina · Dec 16, 2022

claims,” the point in time when “the immune system fails and disease occurs . . . constitutes the first injury.” … The adjectives qualifying “sums,”  RADIATOR SPECIALTY CO. V. ARROWOOD INDEM.