State v. Compton, No. 14453

CourtSupreme Court of West Virginia
Writing for the CourtPER CURIAM
Citation277 S.E.2d 724,167 W.Va. 16
PartiesSTATE of West Virginia v. Charles Dewey COMPTON.
Decision Date12 May 1981
Docket NumberNo. 14453

Page 724

277 S.E.2d 724
167 W.Va. 16
STATE of West Virginia
v.
Charles Dewey COMPTON.
No. 14453.
Supreme Court of Appeals of West Virginia.
May 12, 1981.

Page 725

Syllabus by the Court

1. "An appellant or plaintiff in error will not be permitted to complain of error in the admission of evidence which he offered or elicited, and this is true even of a defendant in a criminal case." Syl. pt. 2, State v. Bowman, 155 W.Va. 562, 184 S.E.2d 314 (1971).

2. "As the control of the scope, latitude and method of introduction of evidence of collateral crimes and charges is vested in the trial court, motions to introduce and motions and objections for exclusion of such evidence are addressed to the sound discretion of the court." Syl. pt. 14, State v. Thomas, 157 W.Va. 640, 203 S.E.2d 445 (1974).

Grubb & Spaulding and Bernard L. Spaulding, Logan, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., Paula D. Dean, Asst. Atty. Gen., Charleston, for defendant in error.

Page 726

[167 W.Va. 17] PER CURIAM:

The defendant, Charles Dewey Compton, (also hereinafter referred to as appellant) was convicted in the Circuit Court of Logan County, of being a principal in the second degree to the crime of breaking and entering in violation of W.Va.Code, 61-3-12. He was sentenced to confinement in the State Penitentiary for a period of from one to ten years, 1 and subsequent to the circuit court's denial of his motion to set aside the verdict and award a new trial, prosecuted this appeal.

The evidence in this case discloses that the defendant, his brother Ronald Compton, and two of their friends, William Billy Fox and Roland Block, were together in defendant's car during the late afternoon hours of August 11, 1977. The four young men rode around for some time, bought some beer with money defendant's mother had given him to buy gasoline, and then Roland Block, William Billy Fox and Ronald Compton broke into the shop building belonging to Island Creek Coal Company in Amherstdale, Logan County, West Virginia.

During the commission of the breaking and entering, the defendant drove his car up and down the road in front of the shop building waiting for the three to return. There was, however, some question at trial as to whether the defendant also drove the car away from the building when the three returned with the stolen goods.

Defendant's defense at trial was that he had no knowledge that the breaking and entering was going to take place, but became aware of it only when his brother and two friends returned to his car. However, he admitted that he knew the three of them intended to steal gasoline while they were at the building.

[167 W.Va. 18] Roland Block and William Billy Fox substantiated defendant's statements that he had no prior knowledge of the breaking and entering, and that they had gone to Amherstdale to steal gasoline for the defendant's car so that they could buy beer with the money defendant intended to use for gasoline. Defendant's brother, Ronald Compton, could not be located to testify at the time of the trial.

Appellant's first assignment of error objects to the court's refusal to declare a mistrial on the basis of Trooper W. S. Coburn's testimony indicating that appellant was involved in prior criminal activity. The specific testimony complained of was elicited by defense counsel on cross-examination and is as follows:

"Q. You took some written notes while he was giving you the verbal statement?

"A. Yes.

"Q. Do you have...

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15 practice notes
  • State v. Rollins, No. 13–0099.
    • United States
    • Supreme Court of West Virginia
    • 17 Junio 2014
    ...even of a defendant in a criminal case.” Syl. Pt. 2, State v. Bowman, 155 W.Va. 562, 184 S.E.2d 314 (1971).’ Syl. Pt. 1, State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 (1981).” Syl. pt. 3, State v. Crabtree, 198 W.Va. 620, 627, 482 S.E.2d 605, 612 (1996). 5. “A trial court's failure to remo......
  • State v. Gum, No. 15673
    • United States
    • Supreme Court of West Virginia
    • 10 Noviembre 1983
    ...see also State v. Ruddle, 170 W.Va. 669, 295 S.E.2d 909 (1982); State v. Headley, 168 W.Va. 138, 282 S.E.2d 872 (1981); State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 (1981); State v. Moore, 166 W.Va. 97, 273 S.E.2d 821 (1980); State v. Harris, 166 W.Va. 72, 272 S.E.2d 471 (1980); State v. ......
  • State v. Crabtree, No. 23408
    • United States
    • Supreme Court of West Virginia
    • 11 Octubre 1996
    ...even of a defendant in a criminal case.' Syl. Pt. 2, State v. Bowman, 155 W.Va. 562, 184 S.E.2d 314 (1971)." Syl. Pt. 1, State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 4. A witness should give responsive answers to questions of counsel, and answers that are not responsive may be stricken on......
  • Johnson v. Garlow, No. 23297
    • United States
    • Supreme Court of West Virginia
    • 11 Octubre 1996
    ...in 1986. The plaintiffs will not be heard to complain on appeal about matters to which they opened the door. Syl. Pt. 1, State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 (1981) (per 7 The plaintiffs also argued in their brief that defense counsel questioned Mr. Johnson using the phrase "loss ......
  • Request a trial to view additional results
15 cases
  • State v. Rollins, No. 13–0099.
    • United States
    • Supreme Court of West Virginia
    • 17 Junio 2014
    ...even of a defendant in a criminal case.” Syl. Pt. 2, State v. Bowman, 155 W.Va. 562, 184 S.E.2d 314 (1971).’ Syl. Pt. 1, State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 (1981).” Syl. pt. 3, State v. Crabtree, 198 W.Va. 620, 627, 482 S.E.2d 605, 612 (1996). 5. “A trial court's failure to remo......
  • State v. Gum, No. 15673
    • United States
    • Supreme Court of West Virginia
    • 10 Noviembre 1983
    ...see also State v. Ruddle, 170 W.Va. 669, 295 S.E.2d 909 (1982); State v. Headley, 168 W.Va. 138, 282 S.E.2d 872 (1981); State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 (1981); State v. Moore, 166 W.Va. 97, 273 S.E.2d 821 (1980); State v. Harris, 166 W.Va. 72, 272 S.E.2d 471 (1980); State v. ......
  • State v. Crabtree, No. 23408
    • United States
    • Supreme Court of West Virginia
    • 11 Octubre 1996
    ...even of a defendant in a criminal case.' Syl. Pt. 2, State v. Bowman, 155 W.Va. 562, 184 S.E.2d 314 (1971)." Syl. Pt. 1, State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 4. A witness should give responsive answers to questions of counsel, and answers that are not responsive may be stricken on......
  • Johnson v. Garlow, No. 23297
    • United States
    • Supreme Court of West Virginia
    • 11 Octubre 1996
    ...in 1986. The plaintiffs will not be heard to complain on appeal about matters to which they opened the door. Syl. Pt. 1, State v. Compton, 167 W.Va. 16, 277 S.E.2d 724 (1981) (per 7 The plaintiffs also argued in their brief that defense counsel questioned Mr. Johnson using the phrase "loss ......
  • Request a trial to view additional results

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