State v. Fox

• Decision Date: 02 October 1929
• Docket Number: 41.
• Citation: 149 S.E. 735,197 N.C. 478
• Parties: STATE v. FOX.
• Court: North Carolina Supreme Court

149 S.E. 735

197 N.C. 478

STATE v. FOX.

No. 41.

Supreme Court of North Carolina

October 2, 1929

Appeal from Superior Court, Edgecombe County; Small, Judge.

Ernest Fox was convicted of murder in the first degree, and he appeals. No error.

Confessions made subsequent to one induced by hope or fear are deemed voluntary only on proof that influence has been removed.

The defendant was indicted for murder of one Jesse Taylor, and convicted of murder in the first degree and sentenced to be electrocuted. The state's evidence tended to prove that Jesse Taylor was a young man about 20 years of age, and was engaged in the grocery business in Rocky Mount, on East Grand avenue; that on Saturday night Jesse Taylor was in the store a little after 12 o'clock checking up and counting his money. Jesse Taylor was a single man, and customarily slept in his place of business; his father and family resided in another section of the city, some distance from the store. On the next morning, Sunday, May 26th, the members of the family telephoned the store, and received no response, one of his brothers went to the store, and, after knocking and hollering, with no response, the brother with others forced an entrance by breaking the door of the store, which was locked on the inside. They found Jesse Taylor on a cot dead with blood on his head. The two brothers and the father of Jesse Taylor identified a .41 caliber Colt revolver as the property of J. H. Taylor, father of Jesse Taylor, which he had loaned to Jesse Taylor, his son, with instructions by the father to keep same in his store. Neither his father or brother was able to place the said Jesse Taylor in the possession of the revolver they identified inside of 2 weeks prior to the time of Jesse Taylor's death. The father brothers, nor did any state's witness see defendant enter or leave the store either on Saturday, May 25th, or Sunday May 26th.

Louis Perry's testimony was to the effect that he had known defendant 3 or 4 years, and knew where his father lived on May 26th. He saw defendant Thursday May 23d at Jesse Taylor's store at an early hour, about 5 minutes of 6 o'clock; that Jesse Taylor and two white men and defendant, Fox, were in the store, and were so dressed as to indicate that they had slept in Jesse Taylor's store the night before.

E. A Pittman: Knew Jesse Taylor; he ran a store on East Grand Avenue, No. 600; and rented the store next door to him, No 602, to Taylor, and then Taylor moved across the street to another building. "The night before Jesse Taylor was killed, Saturday night, Ernest Fox, the defendant, entered my store at about eleven-thirty p. m., and stayed there until I cleaned up and begun to close up. It was a quarter to one when I got cleaned up and closed. While Fox was in the store he just sat at the window in the corner of the building, looking out the window, and didn't have anything to say. The window he was sitting at was on the street side. The west side of the street looking west. There is nothing on the other side but the store where Jesse Taylor kept. Fox was employed at one time by Jesse Taylor. He stopped work about three weeks before Jesse Taylor's death. I saw another delivery boy working for Mr. Taylor afterwards, On the morning of May 26th, I opened my place of business, as near as I can get at, about seven o'clock. Jesse Taylor's body was found about ten o'clock. I went over. The body was lying, with the head to one side, and I saw blood here and here (indicating) and I went right back."

Clarence Taylor testified: "I identified this book on yesterday as my brother's bank book. I know my brother's handwriting. Yes, that is his handwriting and his figures. I found that deposit slip on Sunday morning that my brother was found dead in the store on the counter near the cash register. I forget what day we found the book, but it was found in the desk where the money bag was. I saw my brother make out the deposit slip that Saturday night before he was found dead Sunday morning. (State offers in evidence the deposit slip and bank book and the pistol and two bullets about which Dr. Large testified.) I saw my brother checking up Saturday night but didn't know how much he had until I seen the deposit slip. I never saw that before Sunday morning. I was looking at my brother when he made out the slip and put it in the bank book, I was three or four feet from him. I do not know the exact figures. I found it a little after ten o'clock Sunday morning. I left the store Saturday night around one or one-fifteen. He put the money in the bank book in a bag and tied it up. I don't know what my brother did in respect to the slip after I left. I know what the slip called for; I didn't count the money and couldn't tell you. That is the bag. He had a key ring on his belt and the door key was on there, but what was on the other keys I don't know, I never saw them but one time. I have made a search in the store for them but have been unable to find them. (State offers in evidence the bag.) I found the bag in the desk Wednesday morning I believe."

George Planter: That he lived on Atlantic avenue in Rocky Mount, and made hogsheads. He identified the .41 caliber Colt revolver-- the gun previously identified by the father and two brothers of Jesse Taylor which the father had loaned Jesse Taylor. That defendant came to his house Sunday morning before last between 3 and 4 o'clock and knocked on the door; he was in bed. After some conversation, he pulled out the revolver and handed it to him and said keep it until he called for it. Later on the same morning he tried to buy the pistol on credit from Fox. The revolver had five bullets in it and six chambers, but there was no empty shell in it. Defendant did not tell where he got it or why he wanted him to keep it. The first time he came in a Hudson car like Ben Johnson drives; the second time in an open Ford.

Ben Johnson: Was a taxi driver and lived in Rocky Mount. Had known defendant 2 or 3 years. He was parked on the morning of May 26th at Douglass' drug store. Fox said he wanted him to take him home. He carried defendant to various places, one Frank Williams accompanying the defendant: (1) To defendant's home on Penn. avenue; (2) about five minutes afterwards to George Planters; (3) to Easter Ricks' house; (4) to Wimberly's Pressing Club; (5) to Myrtle avenue; (6) to Rosa B. Ellis' house; then to Douglass' drug store, and he and Williams got out. That was about 3:30 o'clock. Fox, when he went to the Pressing Club, got some dresses and carried them to Rosa B. Ellis'. He did not know Planter and heard no conversation between them. He was paid $1.05 for the trip.

John Jones: Lived in Rocky Mount and worked for the Dodge people. He knew defendant, and on Saturday morning, May 25th, defendant came by and wanted to buy an old automobile from him. He for several months was after him to buy an old car. I told him there was an old Ford he could have for $20. He looked at it and liked it, and said he would come after it when he got the money. Told him he had better hurry, as he could not have it unless he came by 6:30 that evening. At ten minutes to 6 he came back and said he did not have the money, but expected to get it pretty soon. Next morning about 5:30 he came to witness' house and awoke him and everybody else in his house, and asked him if he could get the car that morning. Witness said he thought so, and asked him if he had the money, and he said "Yes," and pulled out two $10 bills--$20. They went over to the foreman's, and he told them he would get down at the place of business about 8 o'clock, and that defendant could get the car. In going to the foreman's, defendant "went by the police station and through the public streets of Rocky Mount, where he could be seen by both white and colored, and the officers of the law. He did not seem excited, nor did he try to hide or conceal himself." Defendant "had a little liquor in his pocket when he came to me that morning, and I told him he had better throw it away because my Boss didn't like liquor and I didn't want him to see any around. When he came to my house at five-thirty he didn't look like he had drunk a drop."

Clarence Griffin: Drove a transfer in Rocky Mount. About 7 o'clock, May 26th, in front of Dunbar's Café, defendant hired witness to take him across town to Rosa B. Ellis' house; he stayed there about five minutes, and he brought him back to the transfer shed and put him off at Burnette's drug store.

He paid him 75 cents and that was all the money he saw him have. Went through the heart of Rocky Mount, colored section, and could be seen by them. Went in public places, and defendant acted perfectly natural, did not seem in a hurry or scared. He was not flourishing money around like a man that had plenty of it.

Alexander Grant: Lived in Rocky Mount, and had known defendant 3 or 4 years. Met defendant Sunday morning, May 26th, at Douglass' drug store, and had just come out of Dunbar's Café and had a lunch wrapped up. Drove up and asked me if I wanted to go to Wilson. Told him yes, but I had no money, and defendant said he would take care of that part. He and another colored boy went in the Ford that defendant told him he had bought that morning for $20. Left Rock Mount 10 minutes to 11 o'clock. Before they left Rocky Mount defendant showed him and the boy $7; before they got to Sharpsburg defendant showed them $55; said he got the money from his mother, who had sold some Liberty bonds. Said he was going to his aunt's to get some money left him by a relative, and he had just come of age and could get it. Stopped at Sharpsburg on the way to Wilson. Went to Stantonsburg and Paul Chapel, where defendant's aunt lived. They went to service. Left the chapel about 4:30 p m.,...