State v. Moore

1 Citing case

  1. State v. Austin

    320 N.C. 276 (N.C. 1987)   Cited 77 times
    Holding that "the premise of the `felled victim' theory of premeditation and deliberation is that when numerous wounds are inflicted, the defendant has the opportunity to premeditate and deliberate from one shot to the next."

    Defendant contends that this "mania standard" for determining the voluntariness of an intoxicated defendant's consent, State v. Logner, 266 N.C. 238, 145 S.E.2d 867 (1966), is not the proper standard because the appellate courts of this state have not applied this test when intoxication is the only factor possibly affecting voluntariness. See State v. Baker, 312 N.C. 34, 320 S.E.2d 670 (1984) (intoxication and physical threats); State v. Moore, 64 N.C. App. 686, 308 S.E.2d 358 (1983) (intoxication by drugs and lack of sleep). Moreover, defendant challenges the voluntariness of his consent on two grounds: his alleged intoxication; and his low intelligence, which has been held relevant to a determination of voluntariness, State v. Fincher, 309 N.C. 1, 305 S.E.2d 685 (1983).