State v. Cade

• Decision Date: 12 April 1939
• Docket Number: 363.
• Citation: 2 S.E.2d 7,215 N.C. 393
• Parties: STATE v. CADE et al.
• Court: North Carolina Supreme Court

2 S.E.2d 7

215 N.C. 393

STATE v. CADE et al.

No. 363.

Supreme Court of North Carolina

April 12, 1939

Criminal indictment in which the defendants were charged with the capital felony of murder of one Noah Rouse.

The defendant, Dubelle Langston, tendered a plea of guilty as an accessory before the fact to first degree murder, which was accepted by the State. The defendant, Leon Cody, entered a plea of guilty of murder in the second degree. It is also stated in the brief of the defendant that the defendant Lacy Cade, during the progress of the trial, likewise entered a plea of guilty of murder in the second degree. The cause was submitted to the jury only as to the appealing defendant.

The body of the deceased was found on Wednesday, November 21, in the woods about 250 yards back of his shop. An examination disclosed that he had received a wound on the left side of the head that was of the depth of one finger and the width of two fingers. This wound was sufficient to have caused death. There was also a gunshot wound through his left kidney penetrating his heart.

The evidence for the State tended to show that Langston and Lacy Cade stopped at the shop of the deceased for a drink of whiskey on Saturday, November 19; that they purchased several drinks and were shooting dice for a nickel; that Parrott Cade and Leon Cody came into the room while the others were shooting dice; that Parrott Cade and the deceased got into an argument about a coat belonging to the deceased, which Parrott Cade had pawned and which he would not return to the deceased, and that Parrott Cade and the deceased became very angry. One of the dice rolled off the table and dropped on the floor. The deceased reached down to pick it up and as he raised up Lacy Cade struck him over the head with an axe. Parrott Cade then, at the point of a pistol, forced Langston to give Cody a gun sitting by the door. Langston testified that he then ran off. The defendants then took the body of the deceased and carried it into the woods where it was later found. There Parrott Cade, with a drawn pistol, forced Leon Cody to shoot the deceased with a shotgun. Cody testified that after they had carried the deceased to the woods he raised up and groaned and that was the time that he shot. After Cody shot the deceased Parrott Cade had Lacy Cade to search his pockets. They found something less than $300. This defendant tore up a check so his finger prints would not be found. There was evidence Parrott Cade and Cody were together when they went to the home of the deceased. On the way Cade insisted that Cody drink some liquor and stated to him "You must, because we are going to kill or be killed." There was also evidence that this defendant had theretofore planned to rob the deceased.

There was a verdict of guilty of murder in the second degree. From judgment thereon defendant Parrott Cade appealed.

S H. Newberry, of Kinston, for appellant.

Harry McMullan, Atty. Gen., and T. W. Bruton and R. H. Wettach Asst. Attys. Gen., for the State.

BARNHILL Justice.

While there was conflicting evidence and evidence tending to contradict the statements of some of the State's witnesses, when considered in the light most favorable to the State, it was sufficient to be submitted to the jury. In recognition of this fact counsel for the defendant made no motion to dismiss as of nonsuit when the State rested. Instead he made a motion for a directed verdict of "Not Guilty" as to the charge of first degree murder. As the jury returned a verdict of guilty of murder in the second degree, exception to the action of the Court in overruling this motion becomes immaterial.

The coroner who examined the body at the place where it was found was examined as a witness. There are exceptions to parts of his testimony. Some of the statements of this witness were clearly expressions of opinion which were not admissible as expert testimony, such as: "He was evidently carried up the road and probably put down where the keys and fountain pen were found." "He was shot after he was laid out to be sure he was dead." "I presume that he was knocked down and shot thereafter." "I think he was then carried up in the woods and shot." On...