State v. Baldwin

• Decision Date: 17 May 1910
• Citation: 68 S.E. 148,152 N.C. 822
• Parties: STATE v. BALDWIN.
• Court: North Carolina Supreme Court

68 S.E. 148

152 N.C. 822

STATE v. BALDWIN.

Supreme Court of North Carolina

May 17, 1910

Appeal from Superior Court, Watauga County; Councill, Judge.

William Baldwin was convicted of murder, and appeals. New trial.

In a trial for murder, where the evidence repelled the idea of malice, it was the court's duty to instruct on manslaughter only.

There was evidence on the part of the state, tending to show that on July 6, 1909, the prisoner shot and killed J. W. Miller deceased, who was at the time the town marshal of Blowing Rock, N. C.; that prisoner was going out of town towards Linville, when the deceased, who was 50 steps behind, called to prisoner, overtook him, and, claiming to have a warrant for prisoner, arrested him and started him back towards town that he shoved the prisoner twice to hurry him along, and the second time the prisoner pulled loose, and, turning, shot and killed deceased; that deceased had no valid warrant at the time, and was armed with a billy and pistol, and himself fired once, and one or two of the cartridges in his pistol showed that they had been snapped on.

Henry Coffey, an eyewitness, testified for the state, in part, as follows: "Live at Blowing Rock. I was present at the time the prisoner shot and killed Miller, the deceased. The shooting occurred near shop in Blowing Rock. I walked with the deceased to shop just before the shooting. The place where the shooting occurred is beyond the shop a little. When Miller and I were going towards the shop we saw the prisoner come out of the shop and walk off; went in road toward Linville. At this time Baldwin was about 50 yards from Miller and I. Miller then hollowed and said 'Hold, Mr. Baldwin, I have got a warrant for you.' Mr. Baldwin continued to walk on; did not look back; Miller walked on after him and overtook him in a few steps. When Miller overtook Baldwin he pulled out a paper. (Here defendant excepts.) Mr. Baldwin then said: 'Go off and let me alone; I have started to leave here.' Then Mr Miller pulled out his 'billy' like he would use it if Baldwin resisted; then Mr. Miller put his hand on Baldwin or give him a little shove and started toward Blowing Rock. While they were walking along Baldwin reached his hand to his left bosom, and then seemed to drop it to his side. Mr. Miller about this time kinder give him a little shove, and told Baldwin to walk along a little faster. About this time Baldwin got away from Miller some five or six feet and made a little circle, moving to the front of Miller, then presented a pistol on Miller and snapped it at him. At the time Baldwin drew his pistol and snapped it, Miller seemed to be trying to put his paper away and drew his pistol. Mr. Baldwin drew his pistol first; Miller drew his a second after well as I could tell. When Baldwin snapped his pistol at Miller, Miller was then drawing his pistol. Immediately after the pistol snapped Baldwin then shot. (Indicates time by slapping hands.) After first shot Baldwin continued in rapid succession to shoot until he fired four shots. After the four shots by Baldwin I then heard the report of another pistol; it sounded louder, and was a few seconds after the four shots I first heard that Baldwin fired. Miller fired the last shot; had pistol in his right hand, but put up his left hand to his right and shot. He only shot once; did not hit Baldwin. When Miller fired at Baldwin, then Baldwin caught Miller by the coat sleeve and began to beat Miller over the head with the pistol. (Pistol is shown witness, and he says it looks like the Baldwin pistol--it is the same pistol.) Baldwin struck Miller some four to five licks over the head. The guard on the pistol is bent. The Baldwin pistol is a S. & W. double action, rapid fire, caliber 32. When Baldwin was beating Miller over the head with the pistol, Miller hollowed, 'Help me boys,' and I said, 'Come on, boys, and let's stop this.' Mr. Robbins then came out in the yard, then turned and went back. I went on and took hold of Baldwin's pistol and took it from him and put it in my pocket. I took hold of Baldwin's arm, and then Mr. Johnson took hold of Miller and led him off. Baldwin was taken in charge by the officers. I went to Miller and helped to carry him home. Saw Dr. Parleir with Miller. This shooting occurred at Blowing Rock, N. C., the 6th July, and some time after 4 p. m., in daylight. The pistol Baldwin used, a six-shooter, and five shells shot out and one snapped on. When Miller first got up to Baldwin he just kinder put up his hand and touched Baldwin and said, 'I have a warrant for you,' and took out a paper. Miller never struck Baldwin before Baldwin began firing." Cross-examined: "I had seen Baldwin that day at Blowing Rock prior to the shooting. Next saw Baldwin when he came out of the shop. I just struck up with Miller as he was going out toward the shop. Miller asked me to walk with him. Miller overtook Baldwin in 20 yards from shop. Miller said Baldwin had gone out about the shop or Ed Robbins; and was going to hang out there that night, and that he was going to arrest him and take him to jail; described billy that Miller carried. Miller's pistol had one chamber shot and three cartridges snapped on. Miller was fighting all he could. When I took hold of Baldwin and took pistol from him, I stood where I could see it all. Never knew anything against the deceased as to truth." Redirect: "No injury on Baldwin--a little smut on his cheek."

With a view of showing malice, and with a view of showing that the killing was premeditated and deliberate, D. S. Lee was examined by the state, and testified: "I know prisoner when I see him. I know the deceased man, Miller. I heard a conversation between the deceased and prisoner on Friday evening before this killing on Tuesday, the 6th of July last. Mr. Miller and I met in front of Mr. Holsouser's store, and were talking, and Baldwin came up. When Mr. Baldwin came up Mr. Miller said, 'All I need to arrest a man with is the billy I have in my hand.' Mr. Baldwin then said, 'If you ever attempt to arrest or hit me with that billy I will kill you.' Mr. Miller said, 'I hope I will never have any cause to arrest you, but if I do you or any other man, this is all I need to arrest you.' Baldwin then said, 'By God, if you ever attempt to arrest me with it, you or I will one die.' I think this is the expression. By this time both Miller and Baldwin seemed to be a little mad, and Baldwin walked off, and Miller continued to talk to me. When Baldwin came up to where Miller and I were talking he was very abrupt."

For like purpose M. T. Shoemaker was introduced, and testified: "I saw the prisoner in about five minutes after the shooting occurred. I went up to where the shooting occurred. When I got there Henry Coffey said, 'Mr. Baldwin had shot Mr. Miller and killed him,' and I said to Mr. Baldwin, 'You have about fixed yourself to be hung, have not you?' and Baldwin replied and said, 'I have done just what I intended to do, and I don't care what in the hell they do with me."'

Wm. Edmisten testified: "I accompanied defendant to jail from Blowing Rock. I asked him who shot first. He said, 'I did.' I said, 'You got yourself in trouble.' He said: 'I do not care; there would not have been anything of it if Miller had not followed him' (me)"--Baldwin. Cross-examined: "Miller said he shot once; showed me how he shot; could not shoot any more on account of being wounded. I heard Miller tell Baldwin to leave town. He said Baldwin concealed whisky, and if he did not, he would get warrant and arrest him. This evening of the shooting Baldwin told Miller he would be damned if he would go."

For the defendant, it appeared that the warrant under which deceased professed to act was void, and the court so held.

Defendant a witness in his own behalf, testified to the occurrence as follows: "I am defendant. Live at Blowing Rock. Am 57 years old. Lived at Blowing Rock since 1865. Have been working for Ritter Lumber Company for last two years. Only returned to Blowing Rock three or four days before the trouble with Miller. I returned home because my wife was sick. I went to Blowing Rock on Tuesday; had been to Boone and was returning home. I got to Blowing Rock about 12 o'clock. I rested, and was looking for a man to go on a Mr. Greene's bond. I was on the porch of the drug store at Blowing Rock, and Mr. Miller came up and ordered me off. When he did this he talked ill to me. After he ordered me off I sat there about five minutes. Frank Robbins, Dr. Rabey, and others present. I walked away and left Miller standing there. After I left I went home and laid down on the bed; was sick. Wm. Edmisten came to my house while I was on the bed and told me I had better leave; that they were about to issue a warrant for me. I told him I was not able to leave--my wife was sick at the time. I had no one to leave with her. After Edmisten left I got up and left. Told the old woman I guess I had better go. I started to my work at Ritter Company's. I got as far as Robbins' shop, and there came up a shower of rain, and I went in to keep from getting wet. Stayed there a while, 15 or 20 minutes. I then started off. I then heard some one hollowing behind. I just kept walking on. First thing I knew a man took me by the coat collar and I looked around and saw it was Miller. I then turned around and said: 'I am going to my work. Let me go; I have started as you told me to do.' Miller then pulled his billy out of his pocket; and, when he did so, I jerked loose from him, and he then drew his pistol out of his pocket. I then jerked mine out and told him to stop. He then threw his pistol in my face, and I threw mine in his face, and Miller's pistol snapped, and I then began shooting and fired about four shots in rapid succession ...