State v. Caldwell
Decision Date | 24 November 1937 |
Docket Number | 362. |
Citation | 193 S.E. 716,212 N.C. 484 |
Parties | STATE v. CALDWELL. |
Court | North Carolina Supreme Court |
Appeal from Superior Court, Iredell County; J. A. Rousseau, Judge.
Walter Caldwell was convicted of committing an assault upon a female with force and arms, and with ravishing and carnally knowing her, and he appeals.
No error.
The defendant was tried and convicted and judgment was pronounced on a bill of indictment charging him, on July 31, 1937 "With force and arms, at and in the County aforesaid unlawfully, wilfully and feloniously did commit an assault on one Macie Smith, a female, and her the said Macie Smith feloniously, by force and against her will, did ravish and carnally know, against the form of the statute in such case made and provided and against the peace and dignity of the State."
Macie Smith, witness for the State, testified, in part:
Dr. G. W. Taylor, witness for the State, testified: "I examined Mrs. Smith on July 31st, about 6:30 at the Lowrance Hospital in Mooresville, I examined her and found that someone had recently had intercourse with her. The semen which I extracted was very verile and active. Mrs. Smith told me that Walter Caldwell had assaulted her. I have known Mrs. Smith for a number of years and know her to to be a woman of good character. I know the same about her husband George Smith. She had bruises on her arm and neck.
Cross-examination: I do not know anything about the occurrence, all I know is that there had been an intercourse. In my opinion within the last three or four hours. She was not lacerated or bruised locally. There were signs of bruises on her arm. There was no evidence of a struggle."
John White Moore, sheriff of Iredell county and witness for the State, testified:
"Q. Has the defendant at any time made any statement regarding this matter? Ans. Yes sir.
Q. Where were you and who was present? Ans. In jail, in the presence of Carl Bailey, a deputy sheriff and jailer, and Sergeant Lentz, highway patrolman.
Q. What did you say to the prisoner or what did you do to him prior to the time he made the statement? Ans. I warned him of his rights and told him he didn't have to make any statement to me whatsoever; there wasn't anybody going to hurt him, and if he did make a statement that would tend to incriminate him, it would be used against him. I said, 'If you have anything to say, I'd like to hear it.'
Q. Did you offer any threats of any kind? Ans. Absolutely nothing.
Q. Did you promise him any immunity or any reward? Ans. No, sir.
Q. Did any person in your presence offer any threat or any immunity or any reward to make the statement? Ans. No, sir.
Q. Did anyone else speak to him? Ans. I believe Sergeant Lentz said 'We would like to know the truth about it.' (The court allowed defendant to ask preliminary questions.)
Examination by Mr. Joyner:
Q. Sergeant Lentz had on his uniform and a pistol on his side? Ans. Yes, sir.
Q. Caldwell knew you were sheriff? Ans. Yes, sir.
Q. Mr. Bailey had a pistol? Ans. No, sir.
Q. I ask you if you didn't say to him 'The best thing you can do is tell the truth'? Ans. I don't think I told him. I told him 'We would like to know the truth.' I might have said 'The truth wouldn't hurt anybody,' but I don't think I said the best thing was to tell the truth.
Q. If you didn't also tell him it would be lighter on him? Ans. No, sir.
By the Court: Q. Did you tell him it would be the best for him if he did tell the truth? Ans. I don't know. I might have said the truth didn't hurt anybody and I'd like to know the truth about the situation.
Q. You didn't tell him it would be best for him, or better, or lighter? Ans. No, sir.
Q. Did any one in your presence tell him it would be lighter, or better for him if he would tell the truth about it? Ans. No, sir.
Examination by the solicitor: Q. What statement did he make? Ans. He said he was guilty of this crime that he was accused of. I asked him if he was drinking. He said he was at that time. I said, 'Did you get some liquor after you left Mr. Smith's house?' He said, 'Yes at the Cascade he got a half pint and drank it."'
Mrs. T. W. Plyler testified, in part: "I am a neighbor and live fifty or a hundred yards from the Smith home. On July 31st I was at home and heard some kind of a noise at the Smith home, but thought that it was some of the children playing. I dressed and walked down to the Smith home. When I got there Mrs. Smith took me into the kitchen and asked me if I had seen Preacher Caldwell. In a few minutes she whispered to me that Preacher Caldwell tried to kill her and then told me what had taken place. The prisoner was walking out of the back door when I got to the Smith house.
Cross-examination: I went to the Smith home on purely a social visit and not in consequence of anything I heard at the house. I did not hear any unusual noise at the Smith home and what I heard was like children playing and it was not in consequence of what I heard that I went to the Smith house. When I came up to the back porch Preacher Caldwell was coming out of the kitchen door. He was not walking slow or fast-was coming just walking. He did not appear to be excited and I did not notice anything unusual about his appearance. I am familiar with the Smith house and there is no door or entrance-way from the kitchen into the interior of the house. In order to get from the kitchen into the house you must go out on the back porch. I have known Preacher Caldwell since we have been living next to the Smiths and always thought he was a good negro."
Other corroborating evidence was introduced by the State. The defendant introduced no evidence. Defendant was captured near the Cascade Mills at Mooresville, N. C., about seven miles from the scene of the crime, some three hours after the alleged crime, about 7 o'clock and did not attempt to escape. He was drinking at the time of the alleged crime and when captured.
The defendant made several exceptions and assignments of error and appealed to the Supreme Court. The material ones will be considered in the opinion.
Jack Joyner and Andrew C. McIntosh, both of Statesville, for appellant.
A. A. F. Seawell, Atty. Gen., and Harry McMullan, Asst. Atty. Gen., for the State.
At the close of the State's evidence the defendant made a motion in the court below for judgment as in case of nonsuit. N.C.Code 1935 (Michie), § 4643. The court below overruled the motion, and in this we can see no error. The evidence was plenary to have...
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