Citation Numbers: 172 N.C. 920
Judges: Ark
Filed Date: 11/9/1916
Status: Precedential
Modified Date: 7/20/2022
The prisoner appeals from a verdict of murder in tbe first degree. The deceased, Carl Preddy, was overseer in the White Oak Cotton Mills near Greensboro. The prisoner had charge of the north end of the spinning room. It appears in testimony thatGhe prisoner kept company with one of the girls working in his end of the spinning room and that for some reason' the deceased, as the overseer, transferred her to the other end of the room, against the protest of the prisoner, where the witness R. 0. Moreland was in charge, who testifies that he saw the prisoner on Sunday morning before the homicide, who told him that he was “going to whip Preddy or he is going to whip me.” dust then Preddy was passing in an automobile and stopped at the drug store, whereupon the prisoner and another got into the automobile. In about fifteen minutes Johnson came back and stated that he “saw the gentleman and told him he could mark it down
The witness Swink testified to the prisoner getting in the automobile with Preddy the day before, as testified to by Moreland, and that when be left, after some conversation with the deceased, be said to the deceased : “I will see you again.” There was evidence that the prisoner borrowed the pistol from the witness Mitchell about noon on the day
The two deputy sheriffs, Hobbs and Clark, testified that they arrested the prisoner half a mile from the mill; that he had the pistol in his hand, with three empty cylinders, and they also took from him some knucks and a bottle of whiskey.
Dr. J. W. Meadows testified that he saw Freddy at his office in the mills and found two.bullet wounds, one in the right thigh and the-other in the abdomen, and the latter caused his death.
The first exception is because the witness Flintom was allowed to testify that at the prisoner’s dictation he wrote his brother that he “had lost his job and was in trouble; to see his father and get some money and come up there that night.” This was competent in corroboration of the other evidence of intent, premeditation, and preparation. 6 Enc. Ev., 632; 21 Cyc., 923, 925, 930. Fremeditation and deliberation may be shown by circumstances. S. v. Roberson, 150 N. C., 840; 1 Wigmore Ev., secs. 103, 300. This testimony was proper for the consideration of the jury on the question of deliberation and premeditation .in connection with the statements and threats by the prisoner on the afternoon and evening of the day before, and on this same Monday morning, as strongly tending to show continuity of design and purpose to kill the deceased.
The second exception is because the judge refused to charge the jury, as requested, that if they should “find from the evidence that the pris
Exception 3 is for tbe refusal of tbe court to charge tbe jury tbat upon certain stated aspects of tbe case tbe jury could not find tbe prisoner guilty of murder in tbe first degree; and Exception 8 was because tbe court refused to charge, “Under all tbe evidence in this case tbe jury should not return a verdict of murder in the first degree.” Tbe use of a deadly weapon when tbe slaying is proven or admitted, as in this case, raises tbe presumption of malice and of murder in tbe second degree. But when there is evidence, as in this case, tending to show preparation, it is for tbe jury to determine where tbe act was committed with deliberation and premeditation; and if tbe accused previously procured a weapon for tbe purpose of using it, and does use it, tbe offense is ordinarily murder. S. v. Miller, 112 N. C., 885; S. v. Hensley, 94 N. C., 1021; S. v. Gooch, ib , 1014.
The deceased was not armed, but there is evidence tbat there was taken from bis pocket, undrawn, after bis death, a blackjack. Tbe court charged fully as to murder in tbe second degree and self-defense, based upon tbe defendant’s own testimony tbat be fired because be feared the deceased would use tbe blackjack, and had reached bis band toward bis pocket, evidence which was contradicted by Moi*ehead. Tbe court also charged tbat if tbe prisoner, without any previous intention to use bis weapon, burst into a sudden excess of rage on seeing tbe deceased, and slew him without premeditation, be would not be guilty of murder in tbe first degree. Tbe jury did not take the' prisoner’s version of tbe homicide.
In the Miller case, supra, tbe Court held tbat when tbe prisoner went into tbe fight with no weapon but bis pocket-knife, this alone was not evidence of tbe premeditated purpose to kill; but it has been held tbat premeditation and deliberation may be inferred from preparation and threats. S. v. Booker, 123 N. C., 713; S. v. Hunt, 134 N. C., 684.
Exceptions 4, 5, 6, and 7 were from tbe refusal of tbe court to give certain prayers for instruction which omitted consideration of tbe circumstances showing tbat tbe prisoner bad prepared himself with a deadly weapon and bad made threats tending to show tbat be expected a difficulty, and went to see Preddy ready for it. In Ruffin v. R. R.,
Exceptions 9 and 10 are to those parts of the charge which stated the contentions of the parties. If there had been any mistake or error in this respect it was the duty of counsel to have called attention to the matter then and there. S. v. Cameron, 166 N. C., 384; S. v. Blackwell, 162 N. C., 672; Jeffress v. R. R., 158 N. C., 215; S. v. Cox, 153 N. C., 638.
We have carefully considered the argument of the learned counsel for the prisoner, but we find no error of which the prisoner can complain. The evidence, if believed, showed malice, premeditation, deliberation, the procuring of a weapon, and theats to kill for a grievance, either fancied or real; it does not matter which. The jury believed the evidence, and in the conduct of the trial by the court we find
No error.