State v. Carden
| Decision Date | 26 February 1936 |
| Docket Number | 721. |
| Citation | 183 S.E. 898,209 N.C. 404 |
| Parties | STATE v. CARDEN. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Durham County; Clement, Judge.
James B. Carden was convicted of first-degree murder, and he appeals.
No error.
See also, 207 N.C. 517, 177 S.E. 647.
Answers made by witness to collateral questions on cross-examination are conclusive, except where question put to witness on cross-examination tends to connect him directly with the cause or parties or where cross-examination is as to a matter tending to show motive, temper, disposition, conduct, or interest of witness toward cause or parties.
Exclusion of evidence contradicting witness as to incriminating matters asked her on cross-examination and denied by her held not error, since answers of witness were conclusive as to such collateral matters and matter rested in discretion of trial court.
The defendant was indicted for the murder of his wife, Vera Carden, on the 4th of May, 1934. The jury rendered a verdict of murder in the first degree, and judgment was rendered in the court below of death by electrocution.
The deceased, Vera Carden, died as the result of a pistol shot wound on May 7, 1934. The evidence shows that she was shot by her husband, the defendant, on May 4, 1934.
Upon the calling of the above case for trial, the solicitor announced in open court that with his permission Judge Jas R. Patton, Jr., of Durham and Major L. P. McLendon, of Greensboro, would assist in the prosecution. Thereupon the defendant, in open court, through counsel, requested the court to require the private prosecution to state in open court by whom they were retained. The motion was denied, and the defendant excepted. The defendant excepted to his honor's ruling denying the motion to require the attorneys to state by whom they were retained.
The evidence introduced by the state tended to show that prior to 4 o'clock p. m., May 4, 1934, Vera Carden, wife of defendant, James B. Carden, lived in F. P. Rochelle's house located on the north side of West Peabody street, being No. 1024; that a hall ran north and south through the house that the west side was occupied by F. P. Rochelle, eighty-six years old, the owner and his grown son; that the east side was occupied by Vera Carden, deceased, her nine year old son James B. Carden, Jr., and Miss Nina Hunter, who was then living with Mrs. Carden, and had been for two years; that the house was near the middle of the block, and from the rear running north was a frequented path leading to West Main street; that the deceased worked in the Erwin Cotton Mills, and returned to her home Friday afternoon about 4 p. m., where she found her husband, James B. Carden, the defendant, and Miss Hunter.
That the defendant, James B. Carden, had gone to his wife's home by way of the path, leading through from Main street, Friday May 4, 1934, a little after 12 o'clock, and asked Miss Hunter if Vera, his wife, had come from her work; was informed that she would not be there until 3:30 p. m.; he then asked where Mr. Rochelle was, whom he was told was on the porch; he said he would go out and talk to him. The defendant ate dinner with Miss Hunter about 1 p. m., and sent Mr. Rochelle to his sister's home on Gregson street to get a suit of clothes for him. Mr. Rochelle failing to get the right suit, the defendant went himself and got another suit, changed his clothes and requested Miss Hunter to press his clothes, which she said she might do. After he changed his clothes, he showed a gun to Miss Hunter with bullets; took the gun out of his pocket. He said he had the right size of bullets to fit, was going to settle things, and was going to fix them and was going to fix them right, so he went out on the porch and sat there until his wife came from work. Was on the porch when his wife returned. She spoke and came into the room where Miss Hunter was. Was followed by the defendant. The defendant, the deceased, and Miss Hunter then sat down in chairs in the room. The deceased then asked Miss Hunter, "Nina, what did you have for dinner?" The deceased said she was hungry and started to tell something. After defendant came in and sat down, in about a minute or two Miss Hunter went out and left the deceased and the defendant alone in the room. In about a minute after Miss Hunter left the room, had gone in the hall, she heard a shot and scream. Then went on the back porch and around the house to Mrs. Cates next door. Saw the defendant go out on the porch, get his hat and walk straight back through the hall and out the back door and on through the path toward Main street, the way he always came and went from his sister's home to his wife's. Miss Hunter went in the room, found the deceased lying on her back on the day bed with her head on the pillow. She was bloody and asked for some water. Said she was burning up. Miss Hunter got some water, bathed her face, and took off her shoes. Found the deceased was shot. One shot was fired, followed by an interval, and then four others in quick succession. Shooting occurred about 4 o'clock p. m. An ambulance was called and the deceased was taken to the hospital, at which place she died on the following Monday morning, her death being caused by the bullet wounds above described.
That the defendant and his deceased wife had had trouble. That while living with her in Orange county, in 1928, he had been indicted for an assault upon his wife. In December, 1932, he had been indicted for an assault upon his wife, and required to remain separate and apart from her for a year. That he left the city of Durham and went to Richmond where he remained until March, 1934, when he returned to Durham on account of the death of his father. That he had made threats that he was going to kill his wife. That the deceased had instituted a suit against the defendant for a divorce on May 1, 1934. Summons was served upon defendant on May 2, 1934. That the plaintiff had charged him with being an ex-convict and the defendant stated at the time he read about the divorce action in the paper that the reference to his being an ex-convict hurt him; that the shooting occurred on May 4, 1934, that after the homicide about 4 p. m., May 4, 1934, the defendant left the home of his wife through the back way and went to his sister's, Mrs. J. F. Williams, where he was living on Gregson street about two blocks away. That while there one Thomas Lee Wrenn had called to see him. Found defendant washing blood off his hands and asked him if he had had a fight and he said yes. He went to the sidewalk to the car where Wrenn was. Went back into the house, at which time the officers came up and went into the room and found Carden in the kitchen of his sister's home. That he was arrested and searched by the officers. A bottle containing whisky was found upon him which the defendant drank while being searched, and asked where the pistol was, defendant said he had thrown it away. The officers found one bullet in the defendant's pocket. On the way to the station Officer Roberts asked the defendant how he came to shoot his wife, and the defendant said, "I do not know how come me to do it"; and when asked how he came to get the blood on his arm, defendant said, "I picked her up and laid her on the bed." The defendant seemed to be right much drunk when he was taken back to jail after talking to Burgess at 7:30 o'clock, though he was arrested at 4:30 o'clock p. m., and was rather nervous, and a heavy odor of whisky was on his breath.
That the deceased made a declaration to Miss Nina Hunter prior to her death that the defendant had shot her, and told Miss Hunter in the presence of O. B. Wagoner, deceased's brother, that the defendant shot her first through the head and she fell and after she fell he just kept shooting and shot her four or five times, and also told Dr. W. B. McCutcheon that Buck, her husband, had shot her. The deceased's bedroom was on the east side of the house facing the north side of Peabody street; that the door was in the west side of the room leading into the hall; that upon entering the room toward the east from the hall, to the left or to the north behind the door was the day bed, the head of same being against the north wall of the room; that behind the door of the west wall about three feet from the floor was a bullet; that in the north wall about five feet from the floor were three holes located a little to the right of the day bed, that a discharged ball fell from the day bed to the floor when the officer pulled the cover back on said day bed; that there were no other indications of bullet holes in the room except those mentioned.
That the autopsy showed that the deceased was shot five times; first, below the lobe of the right ear, the bullet lodging beneath the skin on the left cheek; second, the bullet entered the left side of the abdominal wall, ranged downward, penetrated the liver, struck the wall of the stomach, and was recovered in the small intestines; third bullet passed through the right breast three and one-half inches of the right nipple and ranged downward; fourth bullet shattered her right thumb; and the fifth bullet entered the back to the left of the spine just under the left shoulder, emerged from the left axilla, it penetrating her lung and causing death.
Mrs. Martha Murphy testified, in part:
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