State v. Carter, 119 S.E.2d 461 (N.C. 1961). · Go Syfert
State v. Carter, 119 S.E.2d 461 (N.C. 1961). Cases Citing This Book View Copy Cite
171 citation events (72 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Barbour (ncctapp, 2026-03-04)
Treatment trajectory · 1963 → 2026 · click a year to view as-of
1963 1994 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Barbour
N.C. Ct. App. · 2026 · confidence medium
Our Supreme Court acknowledged that “when the State’s evidence and that of the defendant is to the same effect, and tend only to exculpate the defendant, his motion to dismiss should be allowed.” State v. Carter, 254 N.C. 475, 479 (1961) (cleaned up).
discussed Cited as authority (rule) State v. Barbour
N.C. Ct. App. · 2025 · confidence medium
Our Supreme Court acknowledged that “when the State’s evidence and that of the defendant is to the same effect, and tend only to exculpate the defendant, his motion to dismiss should be allowed.” State v. Carter, 254 N.C. 475, 479 (1961) (cleaned up).
discussed Cited as authority (rule) State v. Branche (2×)
N.C. Ct. App. · 2023 · confidence medium
BRANCHE Opinion of the Court false by any other facts or circumstances in evidence, the State is bound by these statements.” State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961).
discussed Cited as authority (rule) State v. Corbett/Martens
N.C. Ct. App. · 2020 · confidence medium
CORBETT & MARTENS Opinion of the Court human life . . . [in that it is] so reckless[ ] and wanton[ ] as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.” State v. Reynolds, 307 N.C. 184, 191 , 297 S.E.2d 532, 536 (1982). “[T]he burden of showing an unlawful killing . . . rest[s] with the State.” Carter, 254 N.C. at 479 , 119 S.E.2d at 464 (citation omitted).
discussed Cited as authority (rule) State v. Corbett/Martens
N.C. Ct. App. · 2020 · confidence medium
CORBETT & MARTENS Opinion of the Court human life . . . [in that it is] so reckless[ ] and wanton[ ] as to manifest a mind utterly without regard for human life and social duty and deliberately bent on mischief.” State v. Reynolds, 307 N.C. 184, 191 , 297 S.E.2d 532, 536 (1982). “[T]he burden of showing an unlawful killing . . . rest[s] with the State.” Carter, 254 N.C. at 479 , 119 S.E.2d at 464 (citation omitted).
discussed Cited as authority (rule) State v. Braswell
N.C. Ct. App. · 2013 · confidence medium
As a result of the fact that, “ ‘[w]hen the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements,’ ” State v. Bruton, 264 N.C. 488, 499 , 142 S.E.2d 169, 176 (1965) (quoting State v. Carter, 254 N.C. 475, 479 , 119 S.E. 2d 461, 464 (1961)), we are entitled to consider Defendant’s statement for the purpose of determining whether the record adequately supports his conviction.
discussed Cited as authority (rule) State v. Best
N.C. Ct. App. · 2009 · confidence medium
App. 353, 355 , 164 S.E.2d 618, 619 (1968) (dismissal not appropriate in homicide prosecution where State relied upon statement by defendant containing exculpatory and inculpatory evidence on whether killing was accidental); with State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961) (where State relies on a defendant’s exculpatory statements, which are “not contradicted or shown to be false by any other facts or circumstances in evidence,” dismissal is appropriate).
cited Cited as authority (rule) State v. Ledarius Montreal Banks
N.C. Ct. App. · 2008 · confidence medium
State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961).
discussed Cited as authority (rule) State v. Golphin
N.C. · 2000 · confidence medium
In addition, Tilmon cites State v. Bolin, 281 N.C. 415 , 189 S.E.2d 235 (1972), where we said: “ ‘When the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.’ ” Id. at 424 , 189 S.E.2d at 241 (quoting State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961)).
discussed Cited as authority (rule) State v. Carter
N.C. · 1994 · confidence medium
Ed. 2d 169 (1985). *430 In State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961), this Court stated: When the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.
discussed Cited as authority (rule) State v. Barnes
N.C. · 1993 · confidence medium
“When the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.” State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961).
cited Cited as authority (rule) State v. McKinnon
N.C. · 1991 · confidence medium
State v. Rook, 304 N.C. 201, 227-28 , 283 S.E.2d 732, 748 (1981) (quoting State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961)), cert. denied, 455 U.S. 1038 , 72 L.
discussed Cited as authority (rule) State v. Stafford
N.C. Ct. App. · 1984 · confidence medium
It is true, as defendant asserts, that a motion to dismiss should be granted “when the State’s evidence and that of the defendant is to the same effect, and tend only to exculpate the defendant.” State v. Carter, 254 N.C. 475, 479 , 119 S.E. 2d 461, 464 (1961).
discussed Cited as authority (rule) State v. Rook (2×)
N.C. · 1981 · confidence medium
Specifically, the defendant contends that he comes within the purview of the rules stated in State v. Carter, 254 N.C. 475, 479 , 119 S.E. 2d 461, 464 (1961), that “[w]hen the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.” See also State v. Bolin, 281 N.C. 415 , 189 S.E. 2d 235 (1972).
discussed Cited as authority (rule) State v. May (2×)
N.C. · 1977 · confidence medium
Specifically, the defendant contends that he comes within the purview of the rule stated in State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961), that "[w]hen the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements." See also State v. Bolin, 281 N.C. 415 , 189 S.E.2d 235 (1972).
discussed Cited as authority (rule) State v. Atwood (2×)
N.C. · 1976 · confidence medium
In State v. Carter, 254 N.C. 475, 479 , 119 S.E. 2d 461, 464 (1961) we stated: “And when the State’s evidence and that of the defendant is to the same effect, and tend only to exculpate the defendant, his motion for judgment as of nonsuit should be allowed.” [Citation omitted.] The State’s evidence as to notice tended to show that the Department mailed one letter to defendant on 23 September 1974 to notify her of the suspension of her operator’s license from 3 October 1974 to 2 December 1974.
discussed Cited as authority (rule) State v. Carter
N.C. · 1975 · confidence medium
Specifically, he contends that he comes within the purview of the rule stated in State v. Bolin, 281 N.C. 415 , 189 S.E. 2d 235 (1972), that ‘“[w]hen the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.’ State v. Carter, 254 N.C. 475, 479 , 119 S.E. 2d 461, 464 (1961), and cases cited. [Citations omitted.]” However, it is equally well established that the introduction by the State of an exculpatory statement made by the defendant d…
discussed Cited as authority (rule) State v. Bolin
N.C. · 1972 · confidence medium
“When the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements.” State v. Carter, 254 N.C. 475, 479 , 119 S.E. 2d 461, 464 (1961), and cases cited.
examined Cited "see" State v. Moore (4×)
N.C. Ct. App. · 2009 · signal: see · confidence high
See State v. Carter 254 N.C. 475 , 119 S.E.2d 461 (1961).
examined Cited "see" State v. Alston (4×)
N.C. Ct. App. · 2008 · signal: see · confidence high
See State v. Carter, 254 N.C. 475, 479 , 119 S.E.2d 461, 464 (1961) (State is bound by exculpatory statements by defendant introduced into evidence which are not contradicted or shown to be false by other facts or circumstances in evidence).
examined Cited "see" State v. Benton (4×)
N.C. · 1980 · signal: accord · confidence high
State v. Johnson, 261 N.C. 727, 730 , 136 S.E. 2d 84, 86 (1964); accord, State v. Carter, 254 N.C. 475 , 119 S.E. 2d 461 (1961).
Retrieving the full opinion text from the archive…
State
v.
Charlotte Mazie Carter
363.
Supreme Court of North Carolina.
Apr 19, 1961.
119 S.E.2d 461
1961 N.C. LEXIS 496
Attorney General Bruton, Assistant Attorney General, Harry W. McGalliard for the State. , Worth B. Folger for defendant appellant.
Winborne.
Cited by 57 opinions  |  Published
WinboeNE, C.J.

Under the law of self-defense a person may not only take life in his own defense, but he may also do so in defense of another who stands in a family relation to him. S. v. Greer, 162 N.C. 640, 78 S.E. 310; S. v. Anderson, 222 N.C. 148, 22 S.E. 2d 271; S. v. Church, 229 N.C. 718, 51 S.E. 2d 345; S. v. Rawley, 237 N.C. 233, 74 S.E. 2d 620.

While, ordinarily, as contended by the State, the intentional killing[*479] of another with a deadly weapon raises two presumptions against the defendant, first, that the killing was unlawful, and second, that it was done with malice. S. v. Mangum, 245 N.C. 323, 96 S.E. 2d 39. However this rule of law does not mean that the burden of showing an unlawful killing does not still rest with the State. S. v. Howell, 218 N.C. 280, 10 S.E. 2d 815.

When the State introduces in evidence exculpatory statements of the defendant which are not contradicted or shown to be false by any other facts or circumstances in evidence, the State is bound by these statements. S. v. Todd, 222 N.C. 346, 23 S.E. 2d 47; S. v. Boyd, 223 N.C. 79, 25 S.E. 2d 456; S. v. Watts, 224 N.C. 771, 32 S.E. 2d 348; S. v. Bay, 229 N.C. 40, 47 S.E. 2d 494.

And when the State’s evidence and that of the defendant is to the same effect, and tend only to exculpate the defendant, his motion for judgment as of nonsuit should be allowed. S. v. Fulcher, 184 N.C. 663, 113 S.E. 769.

As stated by Stacy, J., later C. J., in the last cited case, “Where a complete defense is established by the State’s evidence, a defendant should be allowed to avail himself of such defense on a motion for judgment as of nonsuit.”

In the case in hand the State introduced statements of the accused to the effect that the defendant was trying to stop the deceased from assaulting her mother with a broken bottle. Furthermore, there is no evidence from which a jury could reasonably find that either the defendant or her mother was at fault in starting the altercation described in the record.

This evidence plainly negatives the existence of an unlawful killing. The exculpatory statements of the defendant are not contradicted or shown to be false by any other fact or circumstance in evidence. While the State by offering this evidence was not precluded from showing that the facts were different, no such evidence was offered, and the State’s case was made to rest entirely on the statements of the defendant, which the State presented as worthy of belief. S. v. Todd, supra. And it is patent that all she did was done in defense of her mother.

In the Todd case, supra, Devin, J., later C. J., said: “Here we think the defendant's statement fails to afford substantial evidence of his guilt of the offense charged * * * and rather tends to exculpate him, and hence his motion for judgment of nonsuit should have been sustained.”

Consequently, we are constrained to hold upon the record of case on appeal in this case that these exculpatory statements are[*480] binding upon the State, and that the motion of the defendant for judgment of nonsuit at the close of all the evidence ought to have been sustained in the court below. Put another way, when the entire evidence shows, and no other reasonable inference can be fairly drawn therefrom, that the killing was committed in defense of her mother, the trial judge should have granted the motion of nonsuit.

For reasons stated, the judgment entered in the trial court is reversed, and the defendant’s motion for judgment of nonsuit is sustained in this Court pursuant to G.S. 15-173.

Reversed.