State v. Lewis

Citation183 S.E. 357,209 N.C. 191
Decision Date22 January 1936
Docket Number650.
PartiesSTATE v. LEWIS.
CourtUnited States State Supreme Court of North Carolina

Appeal from Superior Court, Guilford County; McElroy, Judge.

Adam Lewis was convicted of murder in the first degree, and he appeals.

New trial.

In first degree murder prosecution, evidence of premeditation and deliberation held sufficient for jury.

The defendant was tried on a bill of indictment for the murder of Jemima Peoples, on February 20, 1935. The jury returned a verdict of murder in the first degree with a recommendation for mercy. Defendant was sentenced by the court below to death as provided by law.

The evidence on the part of the state was to the effect: That Jemima Peoples was a single woman, 26 years of age, living with her father, Dock Peoples, at Terra Cotta, a colored community on Railroad avenue, outside the city limits of Greensboro, N.C. The evidence is to the effect that on the afternoon of February 20, 1935, about 3 o'clock, Adam Lewis, the defendant, killed Jemima Peoples in a street near her home at Terra Cotta. That the defendant went to the home of the deceased, and a short distance before reaching the home had a conversation with one Columbus Rawley, a colored man. That, when the defendant reached the home of Jemima Peoples, he went in where her sister Elnora Peoples was preparing a meal, and soon after that the defendant began to question Elnora Peoples where she was on Monday night whereupon she told him that she was at home, and that, when he asked Jemima where Elnora was, she said that she was at home, and that the defendant at that time told them both they were liars and threatened to hit Elnora with an iron fire poker, but that they took the poker out of his hand. That thereafter Elnora left her home and went to the home of one Anderson Watkins, a distance of about 200 yards, and there concealed herself upstairs in the residence. That the defendant and the deceased, Jemima remained at her home a short time, and the defendant picked up a hammer at the Peoples' home and thereafter went in search of Elnora Peoples, who had been his sweetheart for some two years. That he went to the home of Anderson Watkins and inquired about Elnora, and was told that she was not there, and that the defendant went beyond the Anderson Watkins home and, not finding the said Elnora Peoples returned to the home of Anderson Watkins and went through the house but did not find Elnora. At that time Jemima Peoples had arrived at the home of Anderson Watkins and she and the defendant walked from the Anderson Watkins home to the center of the street or roadway. That Jemima Peoples said something to the defendant. "They stopped, she went to turn around and as she was turning around the defendant said: God damn you, you is, is you?" and hit her with the hammer. (Another version was that before he hit her she said: "I will tell my father.") That he drew back the hammer with his hand, and, as he did this, the said Jemima Peoples was in the act of turning away from him, and that he hit the said Jemima Peoples in the head with the hammer and she immediately fell to the ground, and that the defendant continued to hit the said Jemima Peoples in the head with the hammer several different times until she was dead. Soon thereafter Adam Lewis went into the woods nearby and was not seen any more until about midnight that night. The defendant appeared at the home of one Roosevelt Eccles, in whose home defendant has been residing in Terra Cotta, and that upon being apprised of what he did on that afternoon denied that he knew anything about the killing. He stated to the sheriff and some of those with whom he came in contact that he had no recollection of the event of the slaying of Jemima Peoples, but that he did remember going to the home of the said Jemima Peoples on the 20th day of February, 1935, and drew some water and did some other chores and remembered meeting Columbus Rawley, but did not remember having any quarrel with the deceased or altercation with her or her sister, Elnora.

The defendant was examined by Dr. J. Wesley Taylor, an expert, a specialist in mental and nervous diseases, residing in Greensboro, N. C., and the examination by him and Dr. R. M. Buie, the county health officer of Guilford county, revealed that the defendant is an epileptic, and that Dr. Taylor testified that, while a person is suffering from an attack of epilepsy he does not have any recollection of what he does, nor does he have sufficient mentality to know the character and quality of his act, and to know the difference between right and wrong, and that a person during that time might fall prostrate and have no use of his body, or that he might continue to move around, walk, and talk and act apparently as other persons, but would not have any recollection of what he did while under the attack of epilepsy.

The defendant made numerous exceptions and assignments of error on the trial and appealed to the Supreme Court. The material one will be considered in the opinion.

Frank L. Paschal, of Greensboro, for appellant.

A. A. F. Seawell, Atty. Gen., and John W. Aiken and T. W. Bruton, Asst. Attys. Gen., for the State.

CLARKSON Justice.

At the close of the state's evidence and at the close of all the evidence, the defendant made motions in the court below for judgment as in case of nonsuit. N.C. Code 1935 (Michie) § 4643. The court below overruled these motions, and in this we can see no error.

"In order to constitute deliberation and premeditation something more must appear than the prior existence of actual malice or the presumption of malice which arises from the use of a deadly weapon. Though the mental process may require but a moment of thought, it must be shown, so as to satisfy the jury beyond a reasonable doubt, that the prisoner weighed and balanced the subject of killing in his mind long enough to consider the reason or motive which impelled him to act, and to form a fixed...

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1 cases
  • State v. Payne
    • United States
    • United States State Supreme Court of North Carolina
    • June 15, 1938
    ... ... N.C. 666, 41 S.E. 284, 89 Am.St.Rep. 876; State v. Tate, ... supra; State v. Westmoreland, 181 N.C. 590, 107 S.E ... 438; State v. Collins, 189 N.C. 15, 126 S.E. 98; ... State v. Stewart, supra; State v. Steele, supra; State v ... Graham, 194 N.C. 459, 140 S.E. 26; State v ... Lewis, 209 N.C. 191, 183 S.E. 357 ...          Consequently, ... the defendants contend that having confessed to the shooting ... of the deceased, the door is closed to the State to introduce ... evidence of flight. The record discloses, however, that the ... identity of the defendants was ... ...

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