State v. Canady

431 S.E.2d 500 (1993)

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Nature of the Case

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Facts

The evidence showed that Canady (D) stabbed Bullard. Bullard was romantically involved with D’s estranged wife. Bullard was at her mobile home when D stabbed him. A Mrs. Nunnery testified that her home was 150 feet away and she could see Mrs. Canady’s mobile home and front yard from her porch. Nunnery got a phone call from Mrs. Canady, and she heard a scuffle on the phone and Mrs. Canady asking her to call the police. Nunnery hung up the phone, and Mrs. Canady came into her house. Nunnery went to the porch and then saw Bullard and D and that Bullard was attempting to get D into his car and stating that he did not want to fight. Nunnery went back inside, came out again minutes later, and saw both parties standing, but neither was armed. Nunnery went back inside and heard D shout out that an ambulance was needed. When Nunnery saw both parties, it was still light outside but getting towards dusk. D’s evidence consisted of statements made at the scene, which established that D killed Bullard in self-defense, which conflicted with the testimony given by Nunnery. D moved that the trial court take judicial notice that it was dark out at 8:19 p.m. and that there was a new moon on that date. D offered verification through a local newspaper. The court refused this request. D was found guilty of voluntary manslaughter. D appealed.