State v. David

• Citation: 22 S.E.2d 633,222 N.C. 242
• Decision Date: 11 November 1942
• Docket Number: 364.
• Parties: STATE v. DAVID.
• Court: United States State Supreme Court of North Carolina

22 S.E.2d 633

222 N.C. 242

STATE v. DAVID.

No. 364.

Supreme Court of North Carolina

November 11, 1942

The defendant was tried on a bill of indictment charging her with the murder of Lila Simpson Lawson, and was convicted of murder in the second degree. The evidence pertinent to an understanding of the appeal and of this decision may be summarized as follows:

The evidence of the State tended to shown that the deceased, Mrs Lawson, lived alone in an upstairs apartment, consisting of a living room, bed room, and kitchenette, in the Town of Kinston, to which access was made by an outside stairway. The defendant had been in her employment as maid for about two years. Mrs. Lawson was engaged in the business of making and furnishing sandwiches of various kinds to filling stations and stands where they were retailed, and defendant assisted her in this business.

During the latter part of May, 1942, Floyd Daughety, one of the State's witnesses, then visiting in Kinston and about to leave, decided that he would call on Mrs. Lawson. He arrived near 10 o'clock, went up the stairway and found the door closed. He opened the door and called her and, receiving no answer, walked in and went straight back to the bed room looking into the kitchen as be passed, and then saw Mrs Lawson's head. He found Mrs. Lawson lying down with "one hand kind of up," felt her arm, and found it was cold. Just at that time the telephone rang, and witness answering, found Fred Bates on the line and told him what he had found and asked him to come up, and then called Sheriff Churchill.

In the bedroom there was a rug thrown on the bed and the cover was "kind of pulled off the bed and a pillow was on the floor kind of under the bed and the other one was scattered around on the bed." Witness saw a "bunch of stuff looked like it had been dumped out of a pocketbook on the dresser." The dress deceased had worn the night before was "hanging on a coat hanger on the door that opened into the living room, and a pair of shoes were sitting under the bed right next to the head of the bed." There was only one sheet on the bed, and the other was under Mrs Lawson's feet and tied around her feet. The cover on the bed looked like it had been wadded up; and the remaining sheet on the bed looked as if something had been dragged across it. One corner of the sheet tied around Mrs. Lawson's feet was wet.

This witness did not attempt to move the kitchen door before the others arrived. "It was open just wide enough for me to get my hand in there and feel her arm." "Mrs. Lawson had on just a night gown. That was arranged on her body just like most anybody that would be lying down; it was on her all right. It was pulled down on her body. The sheet was wrapped around her legs and tied and the rest was around her or under her; there was a knot tied in the sheet just above her ankles kinder, just one tie."

Other witnesses described the position and condition of the body and of the several rooms in about the same way. It was stated by others, however, that the sheet was loosely tied, somewhat above the ankles, the corners twisted and drawn together, but not firmly knotted, so that a movement of the legs might have loosened the sheet. It was also stated that one corner of the sheet was wet, slick and slimy.

Several witnesses testified that portions of the body had a cherry red color. The evidence of the State further tended to show that the odor of gas was present and could be detected as one approached the apartment from the platform, and that it was present in the kitchen where Mrs. Lawson was lying; that a jet on the gas stove was open about one-third to one-half, and that the odor of gas was present in the room when the witnesses arrived.

The defendant was arrested on the same day the body was found, and there was found in her possession, under the mattress in a room where she resided, Mrs. Lawson's pocketbook. The defendant was questioned with regard to her movements and the death of Mrs. Lawson without material result, but she was transferred to a jail in an adjoining county. There she made a confession, which was introduced in the evidence. It was to the effect that she had gone to the apartment that morning, where she was employed as maid and cook, and found Mrs. Lawson drunk; "she began arguing and cursing me and we got into a scuffle; Mrs. Lawson fell on the floor in the kitchen, and I took a sheet and wound around the feet of Mrs. Lawson and I turned on the gas and then I took her pocketbook and her money and went home. I met Tink Davis when I left home and he asked me about borrowing some money. I gave him the money I got from Mrs. Lawson's pocketbook and asked him to keep it for me."

Oral testimony as to her confession added the particular that defendant had taken $39 from the pocketbook.

This confession the defendant later repudiated, stating that it had been obtained from her by threats, intimidation and abuse. She stated on her testimony that she went to the apartment of Mrs. Lawson in the morning; found her pocketbook upon the balcony; that the door was locked and she was unable to enter, and she, therefore, took the pocketbook to her home; that she had frequently taken care of Mrs. Lawson's pocketbook and that she took it now for that purpose. She stated that she frequently handled money for Mrs. Lawson when she would be going off Saturday nights and didn't want to take her money; that frequently Mrs. Lawson would give her the pocketbook for safekeeping when she got drunk.

After the indictment of the defendant, the body of Mrs. Lawson was disinterred by order of court and sent to Duke Hospital, where an autopsy was performed by Dr. Forbus, assisted by Dr. Taylor and others.

Dr. Forbus testified as to this autopsy and the conditions found as follows:

"I have had experience as a pathologist. My principal occupation is performing autopsies on bodies for the purpose of ascertaining the cause of death; I have been engaged in that occupation since 1923. I was engaged from 1923 to 1928, in Baltimore; from 1928 to 1930, in Europe, and from 1930 until now, in North Carolina. That is my principal occupation. I have either performed myself or have had performed under my direction studies of this sort approximately 8000 cases.

"I was requested to make an autopsy of the body of Mrs. Lila Lawson of Kinston. The body was delivered to me by the undertaking establishment in Kinston, Mr. Jarman representing said undertaking establishment. The body was at that time in the casket. I did perform the autopsy on the body of Mrs. Lawson. The examination I made consisted of an examination of all of the body as a whole and of all the tissues, that is organs of the internal parts of the body. That examination is made both by observation with the naked eye and also by observation with the microscope.

"I prepared a report of what I did and what I found in the performance of this autopsy. I performed this examination as I have described. I found three things; the first was a peculiar color of the body, both internally and externally, which I shall describe as cherry red color. I found a bruise on the upper right arm. I found a bruise on the right thigh. I found no other changes. I made a complete autopsy of the body. A complete autopsy consists of the examination of the external parts of the body and an examination of all of the internal parts of the body. The method that was used consists of using or utilizing one's gross powers of observation or examination with your eyes, and the other method is the study of the organs of the body by means of the microscope. I made a written report of my findings, and I have a copy of the original report with me. I have already explained that I found three things, the color of the body to be abnormal as I have described it as a cherry red; I also found the two bruises that I mentioned. The two bruises were of no consequence; that they were quite near the surface of the skin and I did not regard them as of any importance.

"The cherry red color that I found, that is characteristic of a person when that person is poisoned by a gas, which is called carbon monoxide. I found nothing other than that carbon monoxide and the two bruises and the color, that could have any bearing on the death of this person. This particular color is a direct indication of a chemical substance that is formed when carbon monoxide is taken into the blood. That is the condition that we call medically carbon monoxide poisoning.

"After having performed this autopsy as I have described, I further tested my own findings by calling into consultation a chemist, Dr. Haywood Taylor. I submitted to Dr. Taylor certain specimens for his examination for the purpose of determining critically the presence of carbon monoxide. I was assisted by Dr Taylor and a group of other assistants. Dr. Wooten was present. I conducted the autopsy.

"Q. Dr. Forbus, assuming that the jury should find from the evidence and beyond a reasonable doubt that Mrs. Lila Lawson was found dead in her kitchen in her home at about the hour of 10 o'clock a. m., on May 31, 1942, and that her body was taken to an undertaking establishment in the city of Kinston and there treated for burial and embalmed and buried on June 1, 1942, and that subsequent thereto, to-wit: on June 30, 1942, her body was removed and carried to Durham whereupon a post-mortem examination was made by you; and assuming further that the jury should find that there was gas in the room, in the kitchen where the deceased was found at the time of her death; that one of the jets on the gas stove in her kitchen was about half open and that the odor of gas could be detected when entering the house and that at the time the body was discovered at around...