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North Carolina v. Rose11/3/1988
Defendant was indicted on two counts of murder for the shooting deaths of his cousin, Danny Ray Bateman, and Bateman's girlfriend, Jill Alexander. The cases were joined and tried as capital cases. The jury convicted defendant of first-degree murder for the shooting of Danny Bateman, for which it recommended a life sentence, and of second-degree murder for the shooting of Jill Alexander, for which the trial court imposed a fifty-year consecutive sentence.
Since we award defendant a new trial for the murder of Danny Bateman and a new sentencing hearing for the murder of Jill Alexander, a summary of the facts will suffice. On the evening of 30 January 1987, defendant and his wife were entertaining defendant's cousin, Danny Bateman, Danny's girlfriend, Jill Alexander, and another friend in their home in Columbia, North Carolina. Defendant was drinking whiskey and the other men were drinking beer. At approximately 12:30 a.m., defendant left the house to find a local hunter in town, taking a pistol and a shotgun with him. While in town, he displayed the weapons to several friends and shot out a window of the Columbia Health Clinic. Defendant returned to his house at approximately 1:25 a.m. and, after drinking the whiskey remaining in his cup, went to his bedroom without saying a word. His wife followed him, but ten minutes later returned to the living room where the guests were watching television, saying that defendant had a gun. Defendant came in and fired a .410 shotgun at Jill Alexander's head, killing her. He then picked up a .22 rifle and shot Danny Bateman in the side. At this point, everyone except defendant made for the front door on hands and knees. Defendant fired twice more as they exited the house. Danny ran across the street, but defendant followed him and shot him in the head, fatally wounding him.
At trial, defendant's theory of defense was that he was either (1) legally insane or (2) if legally sane, he was by reason of his state of mind incapable of premeditation or deliberation or of forming a specific intent to kill at the time of the crimes. Among other witnesses, Dr. Billy Royal, a forensic psychiatrist, testified for the defense. According to Dr. Royal, defendant was experiencing a psychotic episode on the night of the killings, such that he did not understand his actions or know right from wrong and
could not have formed the specific intent to kill Danny Bateman or Jill Alexander. He testified further that the psychotic episode had resulted from chronic stress which, in turn, resulted from defendant's method of resolving problems in his relationships with people and that an injury from a bump on the head which defendant had received in December 1986 was a contributing cause. Finally, Dr. Royal testified that defendant's psychotic episode began between the time when defendant left for town and immediately before the shootings and terminated at some moment after the shootings. Defendant could have had momentary psychotic episodes while in town and could afterwards have returned to a state in which he functioned in a fairly normal way.
On appeal, defendant presents seven questions for review. We address two. Defendant first contends that the trial judge erroneously failed to give two of defendant's requested written jury instructions. He argues that this failure so prejudiced him that he is entitled to a new trial for both murders. Because we hold that the trial judge should have given one of the instructions, we award defendant a new trial for the murder of Danny Bateman.
Defendant submitted two special instructions, the first of which was as follows:
You may consider the Defendant's mental condition in connection wi
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