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State v. Hines
Citations: 27 N.C. App. 376; 219 S.E.2d 275; 1975 N.C. App. LEXIS 1855Docket: No. 7529SC450
Court: Court of Appeals of North Carolina; November 5, 1975; North Carolina; State Appellate Court
Defendant's motion for nonsuit was denied, with the argument that his statements were exculpatory and warranted dismissal of charges. The court clarified that the State could present evidence contradicting the defendant's claims. The evidence regarding the shooting was primarily circumstantial, requiring the court to assess if a reasonable inference of guilt could be drawn. If such evidence exists, it is the jury's role to determine whether the facts establish guilt beyond a reasonable doubt. Key circumstantial evidence included: the defendant was married, the deceased was his extramarital lover, their affair ended weeks before the incident, and the defendant had previously threatened the deceased. On November 17, 1974, the defendant waited at the deceased's home with a pistol, and on November 21, they argued before he drove her to a remote location, where she was shot through the heart and lung with his .25 caliber pistol. Notably, there were no gunpowder burns on the deceased, and the weapon was not prone to accidental discharge. Following the shooting, the defendant told a friend he had shot his wife and acknowledged having "done messed up." This evidence was deemed sufficient to warrant a jury's consideration. The court found no error in proceeding to trial. Judges Vaughn and Martin agreed with the ruling.