State v. Alridge
| Decision Date | 11 July 1934 |
| Docket Number | 182. |
| Parties | STATE v. ALRIDGE et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Avery County; Finley, Judge.
Clarence Alridge, Lloyd Alridge, and Ed Alridge were prosecuted for conspiracy to assault with intent to kill, and Lloyd Alridge was convicted of conspiracy, and he appeals.
Affirmed.
Defendant on consolidation for trial of separate indictments against him held not entitled to four peremptory challenges for each indictment (Code 1931,§§ 4622, 4633).
At the October term, 1933, of Avery superior court four bills of indictment were returned against Ed Alridge, Lloyd Alridge Clarence Alridge, and Wes Buchanan, charging that said defendants on October 16, 1933, "did conspire confederate and agree among themselves" to assault beat, and wound Adam Wiseman with a deadly weapon, and did in a secret manner, feloniously assault said Wiseman with intent to kill. The second bill charged the same defendants with a like offense on the same date against R. A. Shumaker. The third bill charged the same defendants with a like offense, on the same date, against W. H. Hughes. The record shows the following:
The defendant Wes Buchanan was dead at the time of the trial. The defendant ""Ed Alridge tendered a plea of guilty of assault as charged in the bills of indictment, but not guilty of conspiracy, at the close of the State's evidence, which plea the State accepted." The jury found Lloyd Alridge guilty as charged in the bill of indictment and Clarence Alridge not guilty.
From judgment sentencing Ed Alridge to the state's prison for not less than four nor more than six years, and Lloyd Alridge for not less than three nor more than five years, the said Lloyd Alridge appealed.
J. W. Ragland and Byron E. Williams, both of Newland, for appellant.
Dennis G. Brummitt, Atty. Gen., and A. A. F. Seawell, Asst. Atty. Gen., for the State.
1. If separate indictments against a single defendant are consolidated for trial, is such defendant entitled to four peremptory challenges for each indictment?
2. If four defendants are charged in a consolidated bill of indictment with conspiracy and one is dead before the trial, another pleads guilty at the conclusion of state's evidence, and another is acquitted, may the remaining defendant be convicted of such conspiracy?
C. S. § 4622, Michie's Code 1931, authorizes a consolidation of several charges against any person "for the same act or transaction or for two or more acts or transactions connected together." In the case at bar no exception is taken to the consolidation of the cases, but the appealing defendant has properly raised the legal question as to whether in such event he was entitled to four peremptory challenges in each of the three separate indictments which formed a consolidated bill. C. S. § 4633, Michie's Code 1931, provides "And in all joint or several trials for crimes and misdemeanors, other than capital, every person on trial shall have the right of challenging peremptorily, and without showing cause, four jurors and no more." The theory of the law is that, when two or more indictments for the same offense are consolidated, they are to be treated as separate counts of the same bill. State v. Stephens, 170 N.C. 745, 87 S.E. 131; State v. Lewis, 185 N.C. 640, 116 S.E. 259; State v. Malpass, 189 N.C. 349, 127 S.E. 248; ...
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...N.C. 584, 40 S.E. 71; State v. Harris, 106 N.C. 682, 11 S.E. 377; State v. Mills, 181 N.C. 530, 106 S.E. 677. See, also, State v. Alridge, 206 N.C. 850, 175 S.E. 191. Furthermore, bills and warrants are no longer subject to quashal "by reason of any informality or refinement," C.S. § 4623, ......
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State v. Davenport
...the case with whom he could have conspired. We do not so hold. The identical point raised here was decided in the case of State v. Alridge, 206 N.C. 850, 175 S.E. 191, which the Court said: "The defendant, Lloyd Alridge, contends that he cannot be convicted of conspiracy because the defenda......
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State v. Bell
... ... were removed from Wilkes County to Yadkin County for trial ... pursuant to G.S. s 1-84. The two indictments were ... consolidated for trial by consent, and were treated in the ... court below as separate counts in the same bill. State v ... Alridge", 206 N.C. 850, 175 S.E. 191. The defendants ... pleaded not guilty to both charges ... The ... defendants offered no evidence relating to the merits ... Stripped of its nonessentials, the uncontroverted testimony ... of the State presented the picture set forth below ... \xC2" ... ...
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Johnson v. State, s. 67--92
... ... This is also true where several indictments charging similar offenses, which might have been charged in separate counts of the same indictment, are consolidated. * * *" ... The Supreme Court of North Carolina, in State v. Alridge, 206 N.C. 850, 175 S.E ... 191, 192 (1934), held that a defendant, on the consolidation for trial of separate indictments against him, was not entitled to four peremptory challenges on each indictment. The court, in its opinion, said: ... '* * * C.S. § 4633, Michie's Code 1931, provides: 'And ... ...