Heard in the Court of Appeals September 24, 2014
Attorney General Roy Cooper, by Assistant Attorney General Kimberly N. Callahan, for the State.
The Robinson Law Firm, P.A., by Leslie S. Robinson, for defendant-appellant.
BRYANT, Judge. Judges ELMORE and ERVIN concur.
Appeal by defendant from judgment entered 15 August
2013 by Judge Alma L. Hinton in Pitt County Superior Court, No. 12 CRS 050058.
An indictment which sets forth a clear statement of the offense for which the defendant has been charged is not fatally defective. Where a defendant presents one argument to the trial court and a different argument on appeal, defendant's argument on appeal will be deemed waived. Where three questions asked by the prosecutor were not necessarily leading, and where defendant failed to show how the asking of those questions prejudiced him, the trial court did not abuse its discretion in allowing those questions to be asked of a witness. Defendant may not complain on appeal about the admission of testimony to which he opened the door before the trial court.
On 29 May 2012, defendant Christopher Ashley Mann was indicted on one count of felony secret peeping. The charge came on for trial during the 13 August 2013 criminal session of Pitt County Superior Court, the Honorable Alma J. Hinton, Judge presiding. At trial, the State's evidence tended to show the following.
In August 2010, defendant and his wife Amy invited Amy's friend, Barbara Dauberman, to stay with them at their home in Winterville. Barbara accepted the invitation since she needed a place to stay while her infant son was being treated for a heart defect at Pitt County Memorial Hospital. While staying at defendant's home, Barbara lived in an upstairs bedroom which shared a bathroom with a second upstairs bedroom. Defendant and Amy's bedroom was located downstairs.
On 13 September 2010, Barbara spent the day at the hospital with her son, returning to defendant's home at around 10:00 p.m. that evening. After returning to the home, Barbara went upstairs to fold her laundry and use the bathroom. Upon entering the bathroom, Barbara noticed a screw in the sink and some pink insulation in the toilet. Barbara then looked up and noticed that the air vent in the ceiling was missing a screw, that its slats had been bent, and that a neon blue light was visible inside the vent. After getting a chair to stand on so she could inspect the vent more closely, Barbara noticed a black surveillance camera inside the air vent.
Barbara then went downstairs and asked Amy to come upstairs with her to see the camera. Upon seeing the camera, Amy appeared to be " in shock" and " disgusted." Amy retrieved a screwdriver from downstairs to unscrew the air vent cover and attempted to pull out the camera, but she had to go into the attic to unplug the camera's cables. When defendant came upstairs to see what Barbara and Amy were doing, Barbara accused defendant of installing ...