Logourl black
From our private database of 14,000+ case briefs...

State v. Powell

Supreme Court of North Carolina
446 S.E.2d 26 (1994)


Facts

Hoke Prevette was attacked and killed by two Rottweilers who were running loose in the streets where Prevette jogged after dark. The dogs belonged to Thomas Powell (defendant). Powell admitted to police that the dogs had gotten loose twice that day and that Powell picked up the dogs at a street intersection about 9:00 p.m. on the night Prevette was killed. Powell was charged with involuntary manslaughter. At trial, two neighbors testified to having seen Powell’s dogs running loose that night and that the dogs were acting aggressively. Other witnesses testified that it was not uncommon to see the dogs loose in the neighborhood prior to Prevette’s death and that the dogs were very aggressive. Powell’s ex-girlfriend testified that Powell physically abused the dogs and routinely let the dogs run free. Animal-control officers had picked up the dogs at least three times before Prevette was attacked. A local ordinance outlawed leaving a dog unattended outdoors, unless the dog was restricted to the owner’s property by a restraining device. Powell was convicted as charged. On appeal, Powell argued that the evidence was insufficient to establish involuntary manslaughter.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Frye, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 178,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.