State v. Watson

1 Citing case

  1. State v. Lockhart

    181 N.C. App. 316 (N.C. Ct. App. 2007)   Cited 6 times
    Identifying the "satisfaction of the jury" standard as the burden of proof for affirmative defenses

    The jury could have concluded this surrender was not a “voluntar[y] return[ ]" by defendant to his place of confinement. CompareState v. Watson, 51 N.C.App. 369, 370, 276 S.E.2d 732, 734 (1981) (defendant voluntarily returned when, after going home, he returned on his own accord and turned himself over at the location from where he escaped).           As defendant has failed to show that the undisputed evidence supported the conclusion that he voluntarily returned into custody, we cannot conclude that the trial court erred by denying defendant's motion to dismiss the charge of work-release escape.