State v. Barnes, 380 S.E.2d 118 (N.C. 1989). · Go Syfert
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State v. Barnes, 380 S.E.2d 118 (N.C. 1989). Cases Citing This Book View Copy Cite
90 citation events (32 in the last 25 years) across 4 distinct courts.
Strongest positive: In Re Dk (ncctapp, 2009-11-03)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (rule) In Re Dk
N.C. Ct. App. · 2009 · confidence medium
According to our Supreme Court, "[t]he essential elements of larceny are that the defendant: (1) took the property of another; (2) carried it away; (3) without the owner's consent; and (4) with the intent to deprive the owner of his property permanently." State v. Perry, 305 N.C. 225, 233 , 287 S.E.2d 810, 815 (1982) (citing State v. Booker, 250 N.C. 272 , 108 S.E.2d 426 (1959), overruled in part on other grounds by State v. Barnes, 324 N.C. 539, 540 , 380 S.E.2d 118, 119 (1989)).
discussed Cited as authority (rule) In re D.K.
N.C. Ct. App. · 2009 · confidence medium
According to our Supreme Court, “[t]he essential elements of larceny are that the defendant: (1) took the property of another; (2) carried it away; (3) without the owner’s consent; and (4) with the intent to deprive the owner of his property permanently.” State v. Perry, 305 N.C. 225, 233 , 287 S.E.2d 810, 815 (1982) (citing State v. Booker, 250 N.C. 272 , 108 S.E.2d 426 (1959), overruled in part on other grounds by State v. Barnes, 324 N.C. 539, 540 , 380 S.E.2d 118, 119 (1989)).
cited Cited as authority (rule) State v. Hernandez
N.C. Ct. App. · 2008 · confidence medium
App. 367 , 167 S.E.2d 63 (1969), overruled on other grounds by State v. Barnes, 324 N.C. 539, 540-41 , 380 S.E.2d 118, 119-20 (1989), this Court addressed a similar issue.
cited Cited as authority (rule) State v. Hames
N.C. Ct. App. · 2005 · confidence medium
Ed. 2d 740, 748 (1985); State v. Barnes, 324 N.C. 539, 540 , 380 S.E.2d 118, 119 (1989) (per curiam).
discussed Cited as authority (rule) In Re Jones (2×)
N.C. Ct. App. · 1999 · confidence medium
On appeal, defendant challenged the constitutionality of the decisions in Evans, Gray, and McNair , insofar as they allowed the jury to “determine a defendant’s age based on their observations of the defendant.” Barnes, 324 N.C. at 540, 380 S.E.2d at 119.
discussed Cited as authority (rule) State v. Mitchell (2×)
N.C. · 1994 · confidence medium
State v. Barnes, 324 N.C. 539, 540 , 380 S.E.2d 118, 119 (1989) (jury may conclude that defendant is older than twelve and at least four years older than rape victim in order to convict of statutory rape).
cited Cited as authority (rule) State v. Speckman
N.C. · 1990 · confidence medium
Ed. 2d 740, 748 (1985); State v. Barnes, 324 N.C. 539, 540 , 380 S.E.2d 118, 119 (1989) (per curiam).
cited Cited "see" State v. Hamer
N.C. Ct. App. · 2020 · signal: see · confidence high
See State v. Summrell, 282 N.C. 157, 167, 168 , 192 S.E.2d 569, 575, 576 (1972), overruled on other grounds by State v. Barnes, 324 N.C. 539 , 380 S.E.2d 118 (1989).
cited Cited "see" State v. Hamer
N.C. Ct. App. · 2020 · signal: see · confidence high
See State v. Summrell, 282 N.C. 157, 167, 168 , 192 S.E.2d 569, 575, 576 (1972), overruled on other grounds by State v. Barnes, 324 N.C. 539 , 380 S.E.2d 118 (1989).
cited Cited "see" State v. Rogers
N.C. Ct. App. · 2002 · signal: see · confidence high
See State v. McQueen, 324 N.C. 118, 142 , 377 S.E.2d 38, 52 (1989); Mash, 323 N.C. at 347 , 372 S.E.2d at 537 ; State v. Hamby, 276 N.C. 674, 678 , 174 S.E.2d 385, 387 (1970).
discussed Cited "see" State v. Golphin
N.C. · 2000 · signal: see · confidence high
See State v. McQueen, 324 N.C. 118, 132 , 377 S.E.2d 38, 46-47 (1989) (holding the law enforcement officer’s willingness to respond to the defendant’s questions and the actual answers given were not “words or actions . . . [the law enforcement officer] should have known were *408 reasonably likely to elicit an incriminating response” pursuant to Innis, 446 U.S. 291 , 64 L.
discussed Cited "see" Cooper v. State
Md. Ct. Spec. App. · 1999 · signal: see · confidence high
See State v. Summrell, 282 N.C. 157 , 192 S.E.2d 569, 578-79 (1972) (merging resisting arrest and assault where the two offenses arose out of the same act), overruled on other grounds by State v. Barnes, 324 N.C. 539 , 380 S.E.2d 118, 119 (1989); State v. Midyette, 270 N.C. 229 , 154 S.E.2d 66, 70 (1967) (appellant could not be *265 sentenced for both assault and resisting arrest for single act of shooting an officer), overruled, on other grounds by State v. Gardner, 315 N.C. 444 , 340 S.E.2d 701, 708 (1986).
discussed Cited "see" State v. Vick
N.C. · 1995 · signal: see · confidence high
See State v. McQueen, 324 N.C. 118 , 377 S.E.2d 38 (1989) (casual conversation between an officer and the defendant, who had been apprehended after a chase, did not constitute an interrogation); State v. Forney, 310 N.C. 126 , 310 S.E.2d 20 (1984) (casual conversation between the defendant and a deputy where the deputy, asked whether the defendant knew the people in a cell, was held not to be interrogation when the defendant replied that they were the two who broke into the house with him that night).
cited Cited "see" State v. Reeb
N.C. · 1992 · signal: see · confidence high
See State v. McQueen, 324 N.C. 118 , 377 S.E.2d 38 (1989) and State v. Mash, 323 N.C. 339 , 372 S.E.2d 532 (1988).
cited Cited "see" State v. Bearthes
N.C. · 1991 · signal: see · confidence high
See State v. McQueen, 324 N.C. 118 , 377 S.E.2d 38 (1989).
discussed Cited "see" State v. Torres (2×)
N.C. Ct. App. · 1990 · signal: see · confidence high
See State v. McQueen, 324 N.C. 118 , 377 S.E.2d 38 (1989) (Defendant plainly invoked the right to counsel when he unequivocally stated, "I want my lawyer."); State v. Ladd, supra , (Defendant undeniably invoked his right to counsel when he stated "I will tell you where the rest of the money is after I talk to my lawyer.") The warnings required by Miranda v. Arizona, supra , are not necessary where a person is not in custody or not being questioned.
discussed Cited "see, e.g." State v. O'Connor
N.C. Ct. App. · 2012 · signal: see also · confidence low
See also State v. McQueen, 324 N.C. 118, 128 , 377 S.E.2d 38, 44 (1989) (stating that, “when defendant filed his motion to suppress these statements, he failed to file a supporting affidavit as required by N.C. [Gen.
discussed Cited "see, e.g." State v. Smith
N.C. Ct. App. · 2003 · signal: see also · confidence low
See also, State v. McQueen, 324 N.C. 118, 132 , 377 S.E.2d 38, 46 (1989) (holding that neither an officer’s “willingness to respond to defendant’s questions,” nor the “actual answers” to those questions could be equated with “ ‘words or actions . . . that [the officer] should have known were reasonably likely to elicit an incriminating response’ ”).
discussed Cited "see, e.g." State v. Gregory
N.C. · 1998 · signal: see, e.g. · confidence low
See, e.g., State v. Bovender, 233 N.C. 683 , 65 S.E.2d 323 (1951) [overruled on other grounds by State v. Barnes, 324 N.C. 539 , 380 S.E.2d 118 (1989)]; State v. Humphrey, 186 N.C. 533 , 120 S.E. 85 (1923).
discussed Cited "see, e.g." State v. Larrimore
N.C. · 1995 · signal: see also · confidence low
“The evidence must show that at the time of the killing the defendant’s mind and reason were so completely intoxicated and overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.” State v. Medley, 295 N.C. 75, 79 , 243 S.E.2d 374, 377 (1978) (citations omitted); see also State v. McQueen, 324 N.C. 118, 141 , 377 S.E.2d 38, 51 (1989); State v. Strickland, 321 N.C. 31, 41 , 361 S.E.2d 882, 888 (1987).
discussed Cited "see, e.g." State v. Skipper (2×)
N.C. · 1994 · signal: see also · confidence low
“The evidence must show that at the time of the killing the defendant’s mind and reason were so completely intoxicated and overthrown as to render him utterly incapable of forming a deliberate and premeditated purpose to kill.” State v. Medley, 295 N.C. 75, 79 , 243 S.E.2d 374, 377 (1978) (citations omitted); see also State v. McQueen, 324 N.C. 118, 141 , 377 S.E.2d 38, 51 (1989); State v. Strickland, 321 N.C. 31, 41 , 361 S.E.2d 882, 888 (1987).
cited Cited "see, e.g." State v. Butler
N.C. · 1992 · signal: see, e.g. · confidence low
See, e.g., State v. McQueen, 324 N.C. 118, 128 , 377 S.E.2d 38, 44 (1989); State v. Porter, 303 N.C. 680, 691-92 , 281 S.E.2d 377, 385 (1970).
Retrieving the full opinion text from the archive…
STATE of North Carolina
v.
Irvin BARNES.
574PA88.
Supreme Court of North Carolina.
Jun 8, 1989.
380 S.E.2d 118
Per Curiam.
Cited by 29 opinions  |  Published

[*119] Lacy H. Thornburg, Atty. Gen., by Isham B. Hudson, Jr., Sr. Deputy Atty. Gen., Raleigh, for State.

W. Earl Taylor, Jr., Wilson, for defendant-appellant.

PER CURIAM.

With regard to the statutory rape conviction, defendant points out that one of the elements of statutory rape is that the defendant must be at least twelve years old and at least four years older than the victim. N.C.G.S. § 14-27.2(a)(1) (1986). Since the State has the burden of proving all elements of the crime, State v. Mize, 315 N.C. 285, 337 S.E.2d 562 (1985), defendant questions the constitutionality of decisions from this Court permitting jurors to determine a defendant's age based on their observations of the defendant. State v. Evans, 298 N.C. 263, 258 S.E.2d 354 (1979); State v. Gray, 292 N.C. 270, 233 S.E.2d 905 (1977); State v. McNair, 93 N.C. 628 (1885). We conclude that no constitutional issue is presented inasmuch as there is no shifting the burden of proof on the age element to defendant, as defendant argues, because the State presented adequate circumstantial evidence from which the jury could determine defendant's age.

In declining to address defendant's constitutional argument, the Court of Appeals relied on State v. Evans, 298 N.C. 263, 267, 258 S.E.2d 354, 357, wherein this Court stated:

It is well settled that where concurrent sentences of equal length are imposed, any error in the charge relating to one count only is harmless.

Because of our concern that separate convictions in such circumstances may give rise to adverse collateral consequences, Ball v. United States, 470 U.S. 856, 105 S.Ct. 1668, 84 L.Ed.2d 740 (1985); State v. Etheridge, 319 N.C. 34, 352 S.E.2d 673 (1987), we expressly disavow the language from Evans quoted above, and to that extent only, the case is hereby overruled. We likewise expressly disavow language of similar import in all other cases from this Court and the Court of Appeals, and to that extent only, those cases are overruled, including State v. Gilley, 306 N.C. 125, 291 S.E.2d 645 (1982); State v. Summrell, 282 N.C. 157, 192 S.E.2d 569 (1972); State v. Miller, 271 N.C. 611, 157 S.E.2d 211 (1967); State v. Hollingsworth, 263 N.C. 158, 139 S.E.2d 235 (1964); State v. Vines, 262 N.C. 747, 138 S.E.2d 630 (1964); State v. Walker, 251 N.C. 465, 112 S.E.2d 61, cert. denied, 364 U.S. 832, 81 S.Ct. 45, 5 L.Ed.2d 58 (1960); State v. Booker, 250 N.C. 272, 108 S.E.2d 426 (1959); State v. Troutman, 249 N.C. 398, 106 S.E.2d 572 (1959); State v. Riddler, 244 N.C. 78, 92 S.E.2d 435 (1956); State v. Thomas, 244 N.C. 212, 93 S.E.2d 63 (1956);[*120] State v. Cephus, 241 N.C. 562, 86 S.E.2d 70 (1955); State v. Bovender, 233 N.C. 683, 65 S.E.2d 323 (1951); State v. Agudelo, 89 N.C.App. 640, 366 S.E.2d 921, appeal dismissed, disc. rev. denied, 323 N.C. 176, 373 S.E.2d 115 (1988); State v. Barnes, 91 N.C. App. 484, 372 S.E.2d 352 (1988); State v. Smith, 24 N.C.App. 498, 211 S.E.2d 539 (1975); State v. Blackshear, 10 N.C.App. 237, 178 S.E.2d 105 (1970); State v. Garnett, 4 N.C.App. 367, 167 S.E.2d 63 (1969); State v. Perry, 3 N.C.App. 356, 164 S.E.2d 629 (1968).

Except as herein modified, the decision of the Court of Appeals is affirmed.

MODIFIED AND AFFIRMED.