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State v. Smith

Supreme Court of North Carolina
Mar 1, 2002
559 S.E.2d 786 (N.C. 2002)

Summary

In State v. Smith, 355 N.C. 268, 559 S.E.2d 786 (2002), our Supreme Court noted, per curiam, that "evidence that injuries to the child's head and brain were caused by violent shaking and a blunt force injury to the head was sufficient to support the jury's conclusion that defendant acted with malice and to sustain defendant's conviction of second-degree murder."

Summary of this case from State v. Richardson

Opinion

No. 521A01

Filed 7 March 2002

Homicide — death of child — shaking and blunt force injuries — malice

A decision of the Court of Appeals holding that evidence on the issue of malice was not substantial enough to withstand defendant's motion to dismiss a charge of second-degree murder of his two-year old stepdaughter was reversed for the reasons stated in the dissenting opinion in the Court of Appeals that evidence that injuries to the child's head and brain were caused by violent shaking and a blunt force injury to the head was sufficient to support the jury's conclusion that defendant acted with malice and to sustain defendant's conviction of second-degree murder.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 146 N.C. App. 1, 551 S.E.2d 889 (2001), reversing and remanding a judgment entered 15 December 1999 by Allen (J.B., Jr.), J. in Superior Court, Orange County. Heard in the Supreme Court 12 February 2002.

Roy Cooper, Attorney General, by Steven M. Arbogast, Special Deputy Attorney General, for the State-appellant.

Miles Montgomery, by Mark Montgomery, for defendant-appellee.


For the reasons stated in the dissenting opinion, the decision of the Court of Appeals is reversed and this case is remanded to that court to address the remaining assignments of error.

REVERSED AND REMANDED.


Summaries of

State v. Smith

Supreme Court of North Carolina
Mar 1, 2002
559 S.E.2d 786 (N.C. 2002)

In State v. Smith, 355 N.C. 268, 559 S.E.2d 786 (2002), our Supreme Court noted, per curiam, that "evidence that injuries to the child's head and brain were caused by violent shaking and a blunt force injury to the head was sufficient to support the jury's conclusion that defendant acted with malice and to sustain defendant's conviction of second-degree murder."

Summary of this case from State v. Richardson
Case details for

State v. Smith

Case Details

Full title:STATE OF NORTH CAROLINA v. JAMES RUSSELL SMITH

Court:Supreme Court of North Carolina

Date published: Mar 1, 2002

Citations

559 S.E.2d 786 (N.C. 2002)
559 S.E.2d 786

Citing Cases

State v. Smith

The case was appealed and, by per curiam opinion of the North Carolina Supreme Court on 7 March 2002, the…

State v. Richardson

Id. at at 578-579, 247 S.E.2d at 916 (citations omitted). In State v. Smith, 355 N.C. 268, 559 S.E.2d 786…