State v. Ellis

• Decision Date: 05 November 1888
• Citation: 7 S.E. 704,101 N.C. 765
• Parties: STATE v. ELLIS.
• Court: North Carolina Supreme Court

7 S.E. 704

101 N.C. 765

STATE v. ELLIS.

Supreme Court of North Carolina

November 5, 1888

Where the prisoner and his brother, on the night of the killing went to the house of deceased to wait until he came home having knives, which they sharpened, each turning the grindstone for the other, evidence that while the prisoner was grinding his knife both laughed, and the brother said "Somebody will be surprised to-night," which remark the prisoner repeated, is admissible.

The Attorney General, for the State.

DAVIS J.

Indictment for murder tried before MERRIMON, J., at fall term, 1888, of the superior court of Sampson county. There was a verdict of guilty, judgment, and appeal. The prisoner, Amma Ellis, was charged in the indictment with the murder of James Allen Ellis. It was in evidence that he went to the house of the deceased, who was his father, on the evening of September 4th, when the sun was about one and three-fourths or two hours high. The deceased was not at home when the prisoner went to his house, but came home later in the evening, and before dark. Susan Ellis, the wife of the deceased, and step-mother of the prisoner, testified, among other things in substance, that she was at home when the prisoner came that he complained that Holmes, a younger brother, had been "scandalizing" him; that he said he was going to stay till the deceased came home, and tell him about it, and if he did not whip Holmes, he (the prisoner) would. There was evidence tending to show the bad temper of the prisoner, and the witness testified that she told him "it was not worth while to wait, and have a fuss with his father." It was in evidence that William Ellis (a brother of the prisoner, who had been included in the bill of indictment with the prisoner, but as to whom the grand jury returned "not a true bill") was in company with the prisoner; that each had a knife, which was sharpened at the grindstone; that the prisoner turned the grindstone for William Ellis to sharpen his knife, and William Ellis turned the grindstone for the prisoner to sharpen his knife. The witness testified that "while he was grinding his knife they [prisoner and William Ellis] both laughed. Will said, "Somebody will be surprised to-night;" and Amma (the prisoner) said, "Somebody will be surprised to-night." They finished grinding their knives, went into the house, got a whetstone, and whetted their knives. Then they stood around "till the sun got low." "The prisoner excepted to the admission of the declaration of William Ellis, made while he and the prisoner were grinding their knives." This is the first exception presented in the record. There was much evidence introduced, without objection, as to what was done and said by the prisoner after he went to the house of the deceased, and before the deceased came home, tending to show ill will against his younger brother, Holmes, (who came home with his father,) and also dissatisfaction with the deceased. The declaration of Will Ellis, by itself, would not have been admissible as evidence; but he and the prisoner were engaged in a conversation, it was shortly preceding the homicide; the declaration was a part of the conversation; and the response of the prisoner made it his own declaration. The conduct of the prisoner just prior to the mortal...