State v. Wynn, 180 S.E.2d 135 (1971). · Go Syfert
State v. Wynn, 180 S.E.2d 135 (1971). Cases Citing This Book View Copy Cite
“it has been aptly stated that 'he malice or intent follows the bullet.”
177 citation events (76 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Morston (nc, 1994-06-17)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) State v. Morston (2×) also: Cited as authority (quoted)
N.C. · 1994 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
it has been aptly stated that 'he malice or intent follows the bullet.
examined Cited as authority (verbatim quote) State v. Morston (2×) also: Cited as authority (quoted)
N.C. · 1994 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
it has been aptly stated that he malice or intent follows the bullet.
discussed Cited as authority (rule) State v. Mitchell
N.C. Ct. App. · 2026 · confidence medium
The aggressor doctrine is appropriately included in jury instructions when someone “aggressively and willingly enters into a fight without legal excuse or provocation.” State v. Wynn, 278 N.C. 513, 519 (1971).
cited Cited as authority (rule) State v. McKoy
N.C. Ct. App. · 2025 · confidence medium
App. 198, 202 (2013) (quoting State v. Wynn, 278 N.C. 513, 519 (1971)).
discussed Cited as authority (rule) State v. Johnson (2×) also: Cited "see"
N.C. Ct. App. · 2025 · confidence medium
However, Defendant admitted to intentionally shooting Little. “[U]nder the doctrine of transferred intent, it is immaterial whether the defendant intended injury to the person actually harmed; if he in fact acted with the required or elemental intent toward someone, that intent suffices as the intent element of the crime charged as a matter of substantive law.” State v. Locklear, 331 N.C. 239, 245 , 415 S.E.2d 726, 730 (1992) (citing State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)) (other citations omitted).
cited Cited as authority (rule) State v. Smith
N.C. Ct. App. · 2025 · confidence medium
App. 198, 202 , 742 S.E.2d 276, 279 (2013) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
discussed Cited as authority (rule) State v. Hicks
N.C. · 2023 · confidence medium
This is what is commonly known as the “aggressor doctrine.” Someone may be considered the aggressor if they “aggressively and willingly enter[ ] into a fight without legal excuse or provocation.” State v. Wynn, 278 N.C. 513, 519 (1971).
discussed Cited as authority (rule) State v. Hicks
N.C. · 2023 · confidence medium
This is what is commonly known as the “aggressor doctrine.” Someone may be considered the aggressor if they “aggressively and willingly enter[ ] into a fight without legal excuse or provocation.” State v. Wynn, 278 N.C. 513, 519 (1971).
cited Cited as authority (rule) State v. Hicks
N.C. Ct. App. · 2022 · confidence medium
App. at 202 , 742 S.E.2d at 279 (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)); State v. Thomas, 259 N.C.
cited Cited as authority (rule) State v. Hicks
N.C. Ct. App. · 2022 · confidence medium
App. at 202 , 742 S.E.2d at 279 (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)); State v. Thomas, 259 N.C.
cited Cited as authority (rule) State v. Corbett/Martens
N.C. Ct. App. · 2020 · confidence medium
CORBETT & MARTENS COLLINS, J., concurring in part and dissenting in part. provocation.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971).
cited Cited as authority (rule) State v. Corbett/Martens
N.C. Ct. App. · 2020 · confidence medium
CORBETT & MARTENS COLLINS, J., concurring in part and dissenting in part. provocation.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971).
discussed Cited as authority (rule) State v. Mumma
N.C. · 2019 · confidence medium
In defendant’s view, the Court of Appeals “conducted the wrong analysis” in upholding the trial court’s decision to give an “aggressor” instruction given that a person who is not the initial aggressor can only attain aggressor status if the initial aggressor has abandoned the fight and communicated that fact to his or her opponent, citing State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971), and Cannon, 341 N.C. at 82 , 459 S.E.2d at 240-41 .
examined Cited as authority (rule) State v. Greenfield (3×)
N.C. Ct. App. · 2018 · confidence medium
It has been aptly stated that “The malice or intent follows the bullet.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971).2 Therefore, under the “transferred intent” rule, if a defendant shoots at A in the heat of passion, without malice, but hits B, he is guilty of voluntary manslaughter.
discussed Cited as authority (rule) State v. Arrington
N.C. · 2018 · confidence medium
These relevant facts, of which defendant was intimately aware, indicate that his conduct fell within the usual B1 second-degree murder classification and do not support either of the limited factual exceptions recognized in the B2 classification.2 Moreover, taking into account the customarily fast pace of a plea sentencing hearing, a common sense reading of the exchange between the parties at trial shows 2Whether Robinson’s daughter was the intended target is irrelevant because the malice with which defendant acted “follows the bullet.” See State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 1…
cited Cited as authority (rule) State v. Norris
N.C. Ct. App. · 2015 · confidence medium
App. ___, ___, 742 S.E.2d 276, 279 (2013) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
cited Cited as authority (rule) State v. Mack
N.C. Ct. App. · 2014 · confidence medium
App. ___, -13- ___, 742 S.E.2d 276, 279 (2013) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
discussed Cited as authority (rule) State v. Vaughn
N.C. Ct. App. · 2013 · confidence medium
Broadly speaking, the defendant can be considered the aggressor when she “aggressively and willingly enters into a fight without legal excuse or provocation.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971).
discussed Cited as authority (rule) State v. Crandell
N.C. Ct. App. · 2010 · confidence medium
It has been aptly stated that “The malice or intent follows the bullet.” State v. Locklear, 331 N.C. 239, 245 , 415 S.E.2d 726, 730 (1992) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
discussed Cited as authority (rule) State v. Effler
N.C. Ct. App. · 2010 · confidence medium
An individual is the aggressor if he “ ‘aggressively and willingly enters into a fight without legal excuse or provocation.’ ” State v. Potter, 295 N.C. 126, 144 , 244 S.E.2d 397, 409 (1978) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
discussed Cited as authority (rule) State v. Stitt
N.C. Ct. App. · 2009 · confidence medium
One who kills a human being while under the influence of passion or in the heat of blood produced by adequate provocation is guilty of manslaughter.” State v. Wynn, 278 N.C. 513, 518 , 180 S.E.2d 135, 139 (1971) (citations omitted).
discussed Cited as authority (rule) State v. LALIBERTE
N.C. Ct. App. · 2009 · confidence medium
One is the "aggressor" for purposes of the law of "imperfect self-defense" "if he `aggressively and willingly enters into a fight without legal excuse or provocation.'" State v. Potter, 295 N.C. 126, 144 , 244 S.E.2d 397, 409 (1978) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
cited Cited as authority (rule) State v. Goode
N.C. Ct. App. · 2009 · confidence medium
It has been aptly stated that “[t]he malice or intent follows the bullet.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971) (quoting 40 Am.
discussed Cited as authority (rule) State v. Moore (2×)
N.C. Ct. App. · 2009 · confidence medium
Further, “in exercising the right of self-defense one can use no more force than was or reasonably appeared necessary under the circumstances to protect himself from death or great bodily harm.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971).
discussed Cited as authority (rule) State v. Ramirez
N.C. Ct. App. · 2003 · confidence medium
It has been aptly stated that ‘The malice or intent follows the bullet.’ ” *257 State v. Locklear, 331 N.C. 239, 245 , 415 S.E.2d 726, 730 (1992) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971) (citations omitted)).
cited Cited as authority (rule) State v. Davis
N.C. · 1998 · confidence medium
State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971) (citations omitted).
cited Cited as authority (rule) State v. Fletcher
N.C. Ct. App. · 1997 · confidence medium
State v. Abraham, 338 N.C. 315, 332 , 451 S.E.2d 131, 139 (1994) (quoting State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971)).
cited Cited as authority (rule) State v. Abraham
N.C. · 1994 · confidence medium
It has been aptly stated that “The malice or intent follows the bullet.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971) (citations omitted).
discussed Cited as authority (rule) State v. Shoemaker
N.C. · 1993 · confidence medium
“One who kills a human being while under the influence of passion or in the heat of blood produced by adequate provocation is guilty of manslaughter.” State v. Wynn, 278 N.C. 513, 518 , 180 S.E.2d 135, 139 (1971).
cited Cited as authority (rule) State v. Locklear
N.C. · 1992 · confidence medium
It has been aptly stated that “The malice or intent follows the bullet.” State v. Wynn, 278 N.C. 513, 519 , 180 S.E.2d 135, 139 (1971) (citations omitted).
discussed Cited as authority (rule) State v. Handy
N.C. · 1990 · confidence medium
App. 611, 163 S.E.2d 539 (1968) (post-sentence motion to withdraw); and State v. Wynn, 278 N.C. 513, 518 , 180 S.E.2d 135, 139 (1971) (court did not err when it failed to ex mero motu advise defendant to withdraw voluntary plea of guilty)).
discussed Cited as authority (rule) State v. Tidwell
N.C. · 1989 · confidence medium
“One who kills a human being while under the influence of passion or in the heat of blood produced by adequate provocation is guilty of manslaughter.” State v. Wynn, 278 N.C. 513, 518 , 180 S.E. 2d 135, 139 (1971).
cited Cited as authority (rule) State v. Long
N.C. Ct. App. · 1987 · confidence medium
State v. Wynn, 278 N.C. 513, 518 , 180 S.E. 2d 135, 139 (1971).
cited Cited as authority (rule) Commonwealth v. McLeod
Mass. · 1985 · confidence medium
“Such a person is guilty or innocent [of manslaughter or murder] exactly as [if] the fatal act had caused the death of his adversary.” State v. Wynn, 278 N.C. 513, 519 (1971).
discussed Cited as authority (rule) State v. Brown
unknown court · 1980 · confidence medium
Voluntary manslaughter is “the unlawful killing of a human being without malice, express or implied, and without premeditation or deliberation.” State v. Wynn, 278 N.C. 513, 518 , 180 S.E. 2d 135, 139 (1971), and is a lesser included offense of murder, State v. Montague, supra. Defendant, of course, is entitled to have the lesser included offense submitted to the jury under the proper instruction but only when there is evidence to support that *736 lesser included offense.
cited Cited as authority (rule) State v. Montague
N.C. · 1979 · confidence medium
(Citations omitted.) State v. Wynn, 278 N.C. 513, 518 , 180 S.E.2d 135, 139 (1971).
cited Cited as authority (rule) State v. Montague
N.C. · 1979 · confidence medium
(Citations omitted.) State v. Wynn, 278 N.C. 513, 518 , 180 S.E. 2d 135, 139 (1971).
discussed Cited as authority (rule) State v. Potter
N.C. · 1978 · confidence medium
One who kills under a reasonable belief that it is necessary to do so to save himself from death or great bodily harm will not be entirely excused on the ground of self-defense if he is the aggressor, that is, if he “aggressively and willingly enters into a fight without legal excuse or provocation.” State v. Wynn, supra, 278 N.C. at 519, 180 S.E. 2d at 139 .
discussed Cited as authority (rule) State v. Graham
N.C. Ct. App. · 1978 · confidence medium
“One who kills a human being while under the influence of passion or in the heat of blood produced by adequate provocation is guilty of manslaughter.” State v. Wynn, 278 N.C. 513, 518 , 180 S.E. 2d 135, 139 (1971).
discussed Cited as authority (rule) State v. Spencer
N.C. Ct. App. · 1976 · confidence medium
A person is guilty of manslaughter when the unlawful killing occurs while he is “under the influence of passion or in the heat of blood produced by adequate provocation . . . . ” State v. Wynne, 278 N.C. 513, 518 , 180 S.E. 2d 135, 139 (1971).
cited Cited as authority (rule) State v. Bolin
N.C. · 1972 · confidence medium
For the legal principles applicable to the right of self-defense, see State v. Wynn, 278 N.C. 513, 519 , 180 S.E. 2d 135, 139 (1971), and cases cited.
discussed Cited "see" State v. Thomas
N.C. Ct. App. · 2018 · signal: see · confidence high
App. 198 , 202, 742 S.E.2d 276 , 279 (2013) (quoting State v. Wynn , 278 N.C. 513 , 519, 180 S.E.2d 135 , 139 (1971) ); see id. at 203-04 , 742 S.E.2d at 280 (holding that evidence presented at trial was insufficient to support the instruction that the defendant would lose the benefit of self-defense if she were the aggressor where she fled an altercation with the victim, then armed herself and left a place of relative safety (a vehicle), but where there was no evidence that she brought on the original difficulty "or intended to continue the altercation").
examined Cited "see" State v. Flint (4×)
N.C. Ct. App. · 2009 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513 , 180 S.E.2d 135 (1971).
discussed Cited "see" State v. Watson (2×)
N.C. · 1994 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513 , 180 S.E.2d 135 (1971).” Winfrey, 298 N.C. at 262 , 258 S.E.2d at 348 .
examined Cited "see" State v. Camacho (4×)
N.C. · 1994 · signal: see · confidence high
See generally State v. Wynn, 278 N.C. 513 , 180 S.E.2d 135 (1971); State v. Cooper, 273 N.C. 51 , 159 S.E.2d 305 (1968).
discussed Cited "see" State v. Barnett (2×)
N.C. Ct. App. · 1993 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513 , 180 S.E.2d 135 (1971).
discussed Cited "see" State v. McCoy (2×)
N.C. · 1987 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513, 180 S.E. 2d 135 (1971).
discussed Cited "see" State v. Cooke (2×)
N.C. · 1982 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513 , 180 S.E. 2d 135 (1971). 298 N.C. at 262 , 258 S.E. 2d at 347 .
discussed Cited "see" State v. Winfrey (2×)
N.C. · 1979 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513 , 180 S.E. 2d 135 (1971). *263 Defendant contends that the exception should be extended to cases involving defenses other than self-defense, and more specifically, that the exceptions should apply where the defense of accident is raised.
discussed Cited "see" State v. Pope (2×)
N.C. Ct. App. · 1974 · signal: see · confidence high
See State v. Wynn, 278 N.C. 513 , 180 S.E. 2d 135 ; State v. Cooper, 273 N.C. 51 , 159 S.E. 2d 305 .
State of North Carolina
v.
Sallie Jo Wynn
Attorney General Morgan, Assistant Attorney General Melvin, and Assistant Attorney General Costen for the State. , Roy H. Patton for defendant.
Branch.
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 66%
Citer courts: Supreme Court of North Carolina (2)
BRANCH, Justice.

Defendant contends that the trial judge erred in accepting her plea of guilty of manslaughter because it was not freely, voluntarily and understanding^ made.

Defendant points to two portions of the record which relate to the trial judge’s examination of her prior to his approval of her tendered plea of guilty of manslaughter.

The first exchange between the trial judge and defendant was as follows:

Q. Are you able to understand me now?
A. Yes, sir.
Q. Are your under the influence of any alcohol, drugs, pills or medicines of any sort at this time ?
A. Little alcohol.
Q. I’m talking about now?
A. No, sir.
Q. You’re sober now?
A. Yes, sir.
Q. You haven’t taken any drugs?
A. No, sir.

Defendant argues that the court should have determined exactly what she meant by the words “little alcohol.” Her affirmative answer to the question, “You are sober now?” did exactly that. It is clear that she referred to the morning of the killing. At the time the trial judge posed his questions he was interested solely in her sobriety at the time when she tendered the plea of guilty.

[*517] The other portion of the record contains this colloquy between the judge and defendant:

Q. You still consent to that plea? It’s up to you and Mr. Williams. You still consent to that plea?
A. Yes, sir.
Q. You don’t have to.
Mr. Williams : I just told her she didn’t have to if she didn’t want to.
Q. You have any other questions about your plea?
A. No, sir.
Court : I think you better go over this with her. If she has any questions, I’d rather she’d bring it up now than later.
NOTE: Conference with defendant by Mr. Williams.
Q. Can you read and write?
A. Yes, sir.
Court: Does she understand that?
Mr. Williams: Yes, sir.
Court : Let her stand up before the Clerk and be sworn.
Mr. Williams : I have explained it to her 3 or 4 times.
Note: Defendant sworn to Transcript of Plea.

This portion of the record reflects only the concern of a careful and painstaking trial judge that this youthful defendant be given every opportunity to act understandingly and voluntarily in the entry of her plea. The trial judge carefully examined defendant concerning the voluntariness of her plea and, after his personal examination, he required defendant’s privately employed attorney to again explain to her the effect of entering the plea of guilty.

Thereupon, the trial judge found that defendant’s plea of guilty of voluntary manslaughter was freely, voluntarily and understandingly made. There was plenary evidence to support this finding, and where the evidence supports a finding that[*518] a defendant freely, voluntarily and understanding^ enters a plea of guilty, the acceptance of the plea will not be disturbed. State v. Jones, 278 N.C. 259, 179 S.E. 2d 433 (filed 10 March 1971); State v. Caldwell, 269 N.C. 521, 153 S.E. 2d 34; State v. Perry, 265 N.C. 517, 144 S.E. 2d 591; State v. Alston, 264 N.C. 398, 141 S.E. 2d 793; Brady v. U. S., 397 U.S. 742, 25 L. Ed. 2d 747, 90 S.Ct. 1463. We hold that the trial judge did not err in accepting and approving the entry of defendant’s plea.

Defendant next contends that the trial judge erred in not advising defendant to withdraw her plea of guilty of manslaughter because the evidence was not sufficient to support a plea or verdict of guilty of voluntary manslaughter.

Defendant’s voluntary plea of guilty obviated any necessity of proof by the State, and when such plea was entered, her appeal presents for review only whether the indictment charges an offense punishable under the Constitution and law. State v. Caldwell, supra; State v. Perry, supra; State v. Hodge and State v. White, 267 N.C. 238, 147 S.E. 2d 881. The primary function of the court’s discretionary decision to hear evidence after a voluntary plea of guilty is entered is to determine the nature and extent of punishment to be imposed; however, if the court determines that the evidence is insufficient to convict the defendant before a jury of the crime to which he has pleaded guilty, the court may in its sound discretion allow the defendant to withdraw his plea. State v. Branner, 149 N.C. 559, 63 S.E. 169; State v. Barbour, 243 N.C. 265, 90 S.E. 2d 388; State v. Caldwell, supra; State v. Crandall, 225 N.C. 148, 33 S.E. 2d 861.

Voluntary manslaughter is the unlawful killing of a human being without malice, express or implied, and without premeditation or deliberation. State v. Downey, 253 N.C. 348, 117 S.E. 2d 39; State v. Street, 241 N.C. 689, 86 S.E. 2d 277; State v. Burrage, 223 N.C. 129, 25 S.E. 2d 393. One who kills a human being while under the influence of passion or in the heat of blood produced by adequate provocation is guilty of manslaughter. State v. Cooper, 273 N.C. 51, 159 S.E. 2d 305; State v. Watson, 222 N.C. 672, 24 S.E. 2d 540.

In connection with this contention defendant argues that she was not guilty because she did not intend to harm the deceased, Otha Wynn.

[*519] It is an accepted principle of law that where one is engaged in an affray with another and unintentionally kills a bystander or a third person, his act shall be interpreted with reference to his intent and conduct towards his adversary. Criminal liability, if any, and the degree of homicide must be thereby determined. Such a person is guilty or innocent exactly as the fatal act had caused the death of his adversary. It has been aptly stated that “The malice or intent follows the bullet.” 40 Am. Jur., 2d Homicide, § 11, p. 302; State v. Rogers, 273 N.C. 330, 159 S.E. 2d 900; State v. Dalton, 178 N.C. 779, 101 S.E. 548.

Finally, defendant takes the position that the trial court should have advised her to withdraw her plea because the evidence clearly showed that she acted in self-defense.

If a person be without fault in bringing on an affray, he may kill in self-defense if it is necessary, or appears to him to be necessary, in order to save himself from death or great bodily harm. The reasonableness of his apprehension is for the jury to determine from the circumstances as they appeared to him. State v. Cooper, supra; State v. Kirby, 273 N.C. 306, 160 S.E. 2d 24; State v. Miller, 267 N.C. 409, 148 S.E. 2d 279. This defense cannot be invoked when a person aggressively and willingly enters into a fight without legal excuse or provocation. State v. Church, 229 N.C. 718, 51 S.E. 2d 345. And in exercising the right of self-defense one can use no more force than was or reasonably appeared necessary under the circumstances to protect himself from death or great bodily harm. The use of excessive force in self-defense which results in a killing constitutes at least manslaughter. State v. Cooper, supra; State v. Mosley, 213 N.C. 304, 195 S.E. 830; State v. Glenn, 198 N.C. 79, 150 S.E. 663.

Defendant’s action in following her husband from the house after he had quit the first fight negates any contention that she was without fault. The evidence allows a reasonable inference that she willingly entered into a second affray and at that time used excessive force under the circumstances. Certainly, the evidence as to her claim of self-defense was not so compelling as to demand that the trial judge allow her to withdraw her voluntary plea of guilty.

There was ample evidence from which a jury could have properly returned a verdict of guilty of voluntary manslaugh[*520] ter. In fact, the evidence in this case might well have justified a jury verdict of a higher degree of homicide.

We have carefully examined the entire record, and in the trial and proceedings below we find

No error.