State v. Ginyard

In State v. Ginyard, 334 N.C. 155, 431 S.E.2d 11 (1993), the defendant knocked on an apartment door and asked to speak with the victim. A fight ensued, during which the defendant fatally stabbed the victim. Our Supreme Court stated: "The fact that the defendant was carrying a knife was evidence tending to support an inference that he had anticipated a possible confrontation with the victim and that he had given some forethought to how he would resolve that confrontation." Id. at 159, 431 S.E.2d at 13. In reaching this result, the Supreme Court relied on State v. Fields, 315 N.C. 191, 337 S.E.2d 518 (1985). In Fields, the defendant and his companions consumed beer and Quaaludes, drove around Wake County in the defendant's truck, then entered the driveway of a private residence and began rummaging through a storage shed. When a concerned neighbor carrying a shotgun approached the men, the defendant fatally shot him. The Supreme Court stated: "The fact that defendant was even carrying a gun was conduct preceding victim's murder that evinced defendant's anticipation of a possible confrontation and some forethought of how he would deal with it." Id. at 200, 337 S.E.2d at 524.