State v. Corn

In State v. Corn, 303 N.C. 293, 278 S.E.2d 221 (1981), the defendant was lying on his sofa in his home, when the victim entered his home, sat beside him and began to argue with him. Corn, 303 N.C. at 295, 278 S.E.2d at 222. Defendant testified the victim grabbed him, began slinging him around, tried to hit him and accused him of being a homosexual. Id. Defendant pulled a .22 caliber rifle from a crack between the sofa cushion and the back of the sofa and shot the victim eight to ten times in the chest. Id. After the shooting, defendant called the police department and waited for law enforcement officers to arrive. Id. Defendant was convicted of first-degree murder and appealed, arguing lack of evidence to support premeditation and deliberation. Id., 303 N.C. at 296, 278 S.E.2d at 223. The Supreme Court remanded the case for a new trial, noting that the shooting was a sudden event, apparently brought on by some provocation on the part of the deceased. The evidence is uncontroverted that [the victim] entered defendant's home in a highly intoxicated state, approached the sofa on which defendant was lying, and insulted defendant by a statement which caused the defendant to reply "you son-of-a-bitch, don't accuse me of that." Id., 303 N.C. at 297-98, 278 S.E.2d 223-24.