State v. Bell, 218.

Citation46 S.E.2d 834,228 N.C. 659
Decision Date24 March 1948
Docket NumberNo. 218.,218.
PartiesSTATE . v. BELL et al.
CourtUnited States State Supreme Court of North Carolina

46 S.E.2d 834
228 N.C. 659

STATE .
v.
BELL et al.

No. 218.

Supreme Court of North Carolina.

March 24, 1948.


[46 S.E.2d 835]

Appeal from Superior Court, Godkin County; J. H. Clement, Judge.

Glenn Bell and Millard Bell were convicted on two counts of robbery with firearms, and they appeal.

Judgment affirmed as to one count and reversed as to other count.

Two separate indictments were returned against the defendants, one in criminal action No. 199 charging them with robbery with firearms of Ernest Fox and the other in criminal action No. 210 charging them with robbery with firearms of Stewart Fox. Upon suggestion of the defendants, the cases were removed from Wilkes County to Yadkin County for trial pursuant to G.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.

Sometime after midnight on April 26, 1947, Ernest Fox, his twelve year old daughter, Faye Fox, and his sister-in-law, Aileen Fox, were proceeding in a westerly direction along a highway in Wilkes County in a Studebaker pick-up truck owned by Ernest Fox and driven by his brother, Stewart Fox. This truck was chased, overtaken, and stopped by the occupants of an automobile, which was equipped with a spotlight and which was brought to a standstill within six feet of the truck. The two defendants alighted from the automobile, leaving a third man sitting therein with something which Ernest Fox took to be a sawed-off shot gun.

After dismounting from the automobile, the defendants went to the truck and falsely represented themselves and their companion in the automobile to be officers of the law. The defendant, Glenn Bell, wore "a police cap with a badge up in front" and "a blue coat like police wear" and was armed with a pistol which was in plain view of Ernest Fox and the other occupants of the truck. Glenn Bell threatened to arrest Stewart Fox for speeding and demanded that he exhibit to him the registration card covering the Studebaker truck. Upon being informed

[46 S.E.2d 836]

that the truck belonged to Ernest Fox, Glenn Bell ordered Ernest Fox to get out of the truck and to submit the registration card to his inspection. When Ernest Fox alighted from the truck in response to this command, Glenn Bell forcibly seized and searched him. Upon finding some pistol cartridges in Ernest Fox's pockets, Glenn Bell accused Ernest Fox of having a "damn gun" and commanded Ernest Fox to surrender such weapon to him. Ernest Fox thereupon took his unloaded pistol from the glove compartment of the truck, and delivered it to Glenn Bell, who subsequently carried it away.

After relieving Ernest Fox of the empty pistol, Glenn Bell said that he was going to arrest Stewart Fox for speeding and...

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