North v. State
| Decision Date | 08 September 1943 |
| Docket Number | 30162. |
| Parties | NORTH v. STATE. |
| Court | Georgia Court of Appeals |
The homicide occurred during the religious gathering at a church. The defendant Marvin (or Goodwin) North and the deceased had been on and around the church grounds during the afternoon and until about dark, when the homicide occurred. Shortly before the homicide the deceased, John Crowder, was sitting in an automobile with Coon Moore. There was a sharp misting rain. The defendant and his brother came out of the church and walked to the automobile in which the deceased was sitting. The defendant called the deceased, and requested the deceased to go a piece down the road with him. The deceased asked the defendant what he wanted. The defendant whispered something to the deceased, which Coon Moore did not understand. The deceased replied that he "didn't care nothing about it." The defendant thereupon remarked: "Come on and lets go down there." Without further exchange of words the deceased got out of the automobile and walked away. Dave Brown, who was sitting in his automobile, which was parked somewhat behind and a short distance from Coon Moore's automobile testified in substance that John Crowder had been sitting with him in Brown's car just before he went to Coon Moore's automobile, and while sitting in Brown's car the defendant came and called the deceased from Brown's car. They walked behind Brown's car. The deceased remained a short time and returned, then went to Coon Moore's car. After the deceased was called from Coon Moore's car by the defendant and his brother, the three of them walked about 15 steps from the back of Coon Moore's car. Witness could see the bulk of the three by the reflection of a light from the church. He noticed that the deceased The deceased never spoke, and died in about 15 minutes, near Coon Moore's car. In the afternoon, several hours previous to the killing, the defendant and his brother Bunk North and deceased had some kind of difficulty. The testimony as to this previous difficulty is set forth in the record as follows:
There were three knife wounds on the body of the deceased, one in or near the heart, which caused his death. A few hours after the homicide a county policeman arrested the defendant and his brother. The policeman testified: "I recollect getting information when John Crowder was killed. I went down there, I got there after dark sometime, maybe eight-thirty. I found a pretty good crowd there standing about in the yard, down close to the road. A few standing around where the Crowder negro was. I saw the dead negro. He was lying down on his back near Coon Moore's car. He said he hadn't moved anything. I pulled up his shirt and found a stab right along about here on this breast (indicating) left side of his breast, right along about there (indicating). I didn't examine the other part of the body. I didn't make any examination of any other wound. I went on and arrested the North boys. Goodwin and Cecil, or Felix, I believe it was Felix. They lived three or four miles from there. We found them in bed at home, both of them. I found a knife in the pants hanging at the head of the bed Goodwin North was sleeping in and he took those pants and put them on. I took the knife out of the pants he got up and put on. I examined the knife and there was blood on it. I arrested these boys that night. Henry Knott was with me. We brought them to Carrollton and turned them over to the sheriff. In response to a question I asked him he said he stabbed him. The statement he made was freely and voluntarily made. We didn't threaten him, just questioned him about it. We held out no inducement to him to make it. All the conversation we had we questioned him after he got out of the house to the car. Before he left the house he told me he stabbed him. On the way to town I questioned him about why he stabbed him. Asked him if he had a row. He said they had a little trouble, him and some other fellows; I asked him what about and he wouldn't tell us. Asked him why he stabbed him and he says 'I don't know' but the other one spoke up and says 'Somebody told us he was going to kill us both,' and says 'I called him out of Coon Moore's car, I figured to talk to him and he grabbed me and Goodwin stabbed him.' I says 'Is that right Goodwin?' He says 'Yes, I stabbed him.' I says 'What did you stab him for, did he have a knife or pistol?' He says 'No sir.' I says, 'Why did you stab him?' Rode on about five minutes and he says, 'Cap, will this keep me out of the army?' I says He didn't say yes or no. He replied, 'I have got to go to the army next week.' Then I went back over the question why he did it, if he had a pistol or knife and he said he didn't. I asked him 'Did you have to stab him?' He said he didn't reckon he did. I says, 'Did you tell your brother to go out there and get him out of the car?' He says, 'Yes.' He says He said he got in the car and stayed in the car a little bit and got out and went across the yard and got in the car with Moore and when he come from the church and he said this boy come down across the yard and Crowder was in the car, was in the car with Brown and from there over to Moore's car and he went to Moore's car and called him and told him he wanted to speak to him, I said 'That is what Moore said, is that true?' He said, 'Yes I called him out.' That was the youngest brother, Felix. He said he come out to the back end of the car and he said 'I heard he was going to kill us both' and he talked to him about it. I says 'where did that happen?' He said 'Right at the back of the car in the edge of the road, right back of the car he got out of.' I said 'How long was it before you had the trouble after he got out of the car?' 'Just as we got to the edge of the road.' I
says 'Is it true the other brother run and hollowed, "Come on Bunk,"' Yes. He hollowed, "Come on Bunk," and they both went down the road running.' I asked the younger boy if he cut him and he said no. I said 'Are you telling the truth about it, the other brother cut him?' He said 'Yes he cut him,' I told him 'You have played the wild.' That was the younger one. 'First went to these boys' house that night before you arrested them, or when you got in the car did either one of them say anything to you, ask you any question as to the condition of this Crowder negro?' The younger boy asked Mr. Knott if he was dead. He knew what we were after. He knew it because I told this boy to get up, wanted him to go down there about this row. The other boy raised up in bed and says 'Is he dead?' I examined the dead negro's pockets when I got down there and did not find anything in them, did not find any weapons in them." The defendant made the following statement in his defense: ...
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