State v. Cox

• Decision Date: 01 October 1931
• Docket Number: 162.
• Citation: 160 S.E. 358,201 N.C. 357
• Parties: STATE v. COX et al.
• Court: North Carolina Supreme Court

160 S.E. 358

201 N.C. 357

STATE v. COX et al.

No. 162.

Supreme Court of North Carolina

October 1, 1931

Appeal from Superior Court, Pitt County; Frizzelle, Judge.

Rodman Cox and another were convicted of robbery, and they appeal.

No error.

Prosecutrix' testimony regarding time she had been accumulating money of which she was robbed held competent as affecting her credibility.

The defendants were tried on an indictment as follows:

"State of North Carolina

"Pitt County.Superior Court

April Term1931.

"The Grand Jurors for the State, upon their oaths, present:

"That Rodman Cox and Elmer Whitley, late of the County of Pitt, on the 26th day of December, 1930, with force and arms, at and in the County aforesaid, unlawfully, wilfully and feloniously did, in the common and public highway of the State, in and upon one Mrs. G. H. Ballard, make an assault, and her, the said Mrs. G. H. Ballard, in bodily fear and danger of her life, in the highway aforesaid, then and there feloniously did put, and Four thousand two hundred fifty ($4,250.00) dollars in lawful money of the United States of America of the goods and chattels of the said Mrs. G. H. Ballard from the person and against the will of the said Mrs. G. H. Ballard, in the highway aforesaid, then and there feloniously and violently did take, steal and carry away, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State."

At the trial each defendant entered a plea of not guilty and relied upon an alibi as his defense.The jury returned a verdict of guilty as to both defendants.

From the judgment that each defendant be confined in the State's Prison for a term of not less than seven or more than nine years, both defendants appealed to the Supreme Court.

Harding & Lee and Gaylord & Harrell, all of Greenville, for appellants.

Dennis G. Brummitt, Atty. Gen., and A. A. F. Seawell, Asst. Atty. Gen., for the State.

CONNOR J.

At the trial of this action, the prosecutrix, Mrs. G. H. Ballard, as a witness for the state, testified that at about 9 o'clock on the night of December 26, 1930, while she was walking alone on a public street in the town of Greenville, returning to her home from church, she was suddenly and violently assaulted by two men, who robbed her of her purse and its contents.She had in her purse, at the time she was assaulted, more than $4,250.This money, which was the property of the witness, and which she had for many years carried in her purse, was taken from her by the two men who assaulted her.After they had robbed her of her purse and its contents, the two men ran away.The witness identified the defendantElmer Whitley as one of the men who assaulted and robbed her.She testified that she had seen the defendantRodman Cox at the church a short time before the close of the services.He did not come into the church, but the witness saw him standing on the outside, looking through the window at her.She did not identify this defendant as one of the men who assaulted and robbed her.

On her direct examination by the solicitor for the state, the witness was asked the following question: "Q.Mrs. Ballard, you have already stated approximately how much money you had in the purse; now, please, state to the court and jury how long you have had that money, and how long you have been accumulating it."The witness replied: "A.Well, the first nickel I ever earned in my life was in there, and every honest dollar and every honest penny that could possibly be made from the time I came into the world until the 26th night of December was in there.I was raised on a farm and came up hard.The first nickel I ever got, a man came there and gave it to me.My papa told me to give it back, and I gave it back to the man.When papa had gone I said to the man, "Papa has gone; give me my nickel back.'I worked until I went off to school.I went off to school, and every minute was study, so that I could some day have money.When I came out of school I started to teach.I saved every dollar I made for three years except what I paid for board.What little I wore came off the farm.I would go home and hoe corn during vacation.At the end of three years, I went to Atlanta, Ga., and opened up a business there.I had a good business, and all the business people bought their office supplies from me.I made money and saved every dollar I could make, except what I spent for board.I married Mr. Ballard.Since I married him I have saved every penny I could make, even picking up blocks of wood and carrying them to sell."

In apt time, defendants objected to the foregoing question and answer.Their objections were overruled, and de...