State v. Dingle, 726
| Decision Date | 22 January 1936 |
| Docket Number | No. 726,726 |
| Citation | 183 S.E. 376,209 N.C. 293 |
| Court | North Carolina Supreme Court |
| Parties | STATE . v. DINGLE et al. |
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Appeal from Superior Court, Forsyth County; Rousseau, Judge.
Lawrence Dingle and another were convicted of murder in the first degree, and they appeal.
Cause remanded for proper judgments.
Criminal prosecution tried upon indictment charging the defendants, Lawrence Dingle and Gernie Williams, with the murder of one John Gant on April 28, 1935.
Verdict: Guilty of murder in the first degree.
Judgment: "That Lawrence Dingle and Germie Williams suffer death by inhaling lethal gas."
Defendants appeal, assigning errors.
A. A. F. Seawell, Atty. Gen., for the State.
The evidence on behalf of the state tends to show that on Sunday morning, April 28, 1935, about daybreak, the defendants went to the home of John Gant in Forsyth county with intent to rob him, which they did, and, in carrying out their purpose, the defendant Williams struck Gant over the head with a piece of iron, inflicting mortal injuries. They then took his money and divided it between them.
The defendants were tried at the July term, 1935, Forsyth superior court, convicted and sentenced to death by asphyxiation. The judgment is erroneous, as the homicide occurred prior to July 1, 1935, the day on which the statute (Pub. Laws 1935, c. 294), changing the mode of execution from electrocution to asphyxiation went into effect. State v. Hester, 209 N.C. 99, 182 S.E. 738.
The defendants gave notice of appeal in open court, and were allowed to prosecute same in forma pauperis. No brief has been filed by the appellants in this court, which works an abandonment of the assignments of error, State v. Hooker, 207 N.C. 648, 178 S.E. 75; State v. Lea, 203 N.C. 13, 164 S.E. 737, except those appearing on the face of the record, which are cognizable ex mero motu, as the lives of the prisoners are involved, State v. Edney, 202 N.C. 706, 164 S.E. 23; State v. Goldston, 201 N.C. 89, 158 S.E. 926; State v. Taylor, 194 N.C. 738, 140 S.E. 728; State v. Ward, 180 N.C. 693, 104 S.E. 531.
No error appears on the record except in the judgment. The cause, therefore, will be remanded for lawful sentences, as was done in State v. Hester, supra.
It is observed that the first name of the defendant Williams is designated "Gernie" in the indictment, while through out the trial he is spoken of as "Germie, " and in the judgment he is styled "Germie Williams." Perhaps a plain case of idem sonans (State v. Whitley, 208 N.C. 661, 182 S.E. 338; State v. Donnell, 202 N.C. 782, 164 S.E. 352; State v. Chambers, 180 N.C. 705, 104 S.E. 670; State v. Drakeford, 162 N.C. 667, 78 S.E. 308; State...
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State v. Utley
... ... Andrews" and "R.B. Andrew"; ... State v. Whitley, 208 N.C. 661, 182 S.E. 338, ... "Cannon Mills Company" and "Cannon ... Mills"; State v. Dingle, 209 N.C. 293, 183 S.E ... 376, "Gernie Williams" and "Germie ... Williams"; State v. Reynolds, 212 N.C. 37, 192 ... S.E. 871, "Oakes Clement" ... ...
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State v. Gibson
...State v. Drakeford, 162 N.C. 667, 78 S.E. 308; State v. Chambers, 180 N.C. 705, 104 S.E. 670; State v. Whitley, supra; State v. Dingle, 209 N.C. 293, 183 S.E. 376; State v. Reynolds, 212 N.C. 37, 192 S.E. 871. fact the identity of person does not appear to have been questioned on the trial.......
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State v. Reynolds
...The variance is not material, as it is a plain case of idem sonans. State v. Donnell, 202 N.C. 782, 164 S.E. 352; State v. Dingle, 209 N.C. 293, 183 S.E. 376. verdict and judgment will be upheld. No error. ...