State v. Gaines, 147
| Decision Date | 25 September 1963 |
| Docket Number | No. 147,147 |
| Citation | 132 S.E.2d 485,260 N.C. 228 |
| Parties | STATE, v. Wilbert GAINES and Edwin French Andrews. |
| Court | North Carolina Supreme Court |
Mullen, Holland & Cooke, Gastonia, Amon Butler, Charlotte, for appellants.
T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., Raleigh, for appellee.
There was evidence tending to show the facts narrated below.
On December 31, 1962, about 2:00 p. m., Billy Hill, Gaines and Andrews entered Dellinger's Jewelry Store, located on East Main Street, Cherryville, N. C. Mrs. Dellinger was waiting on a customer and Mr. Davis, 'the watchmaker,' was waiting on another customer. Mrs. Dellinger was nearer the front of the 'fairly long' store.
Mrs. Dellinger saw Billy Hill reach over 'the first counter after you come inside the front door,' open a sliding door and remove a tray or box of diamonds. Billy Hill, who was wearing a long coat, then 'turned around' and 'was facing the other boys.' Mrs. Dellinger left her customer, walked toward the three boys and said: 'Now, you boys have got a tray of diamond rings, and the best thing you can do is give them back to me.' Billy Hill opened up his coat and said: 'I don't have any rings.' Mrs. Dellinger turned and said to Davis: 'Call Yates McGinnis.' (Yates McGinnis was the Chief of Police of Cherryville.) Thereupon, they ('the three colored boys') 'ran out the door just as fast as they could across the street.' Although pursued by Mrs. Dellinger, Davis and an unidentified man, they reached and got in a Chevrolet car, parked on a nearby side street, which 'pulled off' and drove away.
Davis got the license number, B 2133. He gave the information to McGinnis who 'alerted' by radio 'all nearby departments' to be on the lookout for a black 1960 Chevrolet Impala with license number B 2133.
The described car was observed and stopped by a member of the Gaston County Rural Police Department about 2:35 p. m. Billy Hill was driving the car. The other occupants were Arthur James Hill, Gaines and Andrews. There was no evidence as to where the occupants other than Billy Hill were seated in the car. This officer (and another who arrived shortly after the described car was stopped) found 'a blue box of rings in the car on top of the glove compartment, up under the dash.' The box 'was closed.' (This 'box of rings' was identified by Mrs. Dellinger as the 'tray of rings' Billy Hill had removed from the counter.) These officers also found on the front seat 'one white ring box and some money with a money clip on it.' In searching the (four) occupants of the car, the officers 'didn't find any other jewelry or anything' and 'found no weapons except two (2) ordinary pocketknives.' They arrested all four occupants of the car, took them to the Rural Police office in Gastonia and thereafter Ed Groves, Captain of Detectives of the Gaston County Rural Police, after questioning the four boys, took them to Cherryville and turned them over to Chief McGinnis.
With further reference to what occurred in the store, Mrs. Dellinger testified she did not see Gaines or Andrews 'do anything to encourage or entice or assist Billy Hill in taking the diamonds' and that she 'did not see a weapon of any kind.' While she concluded Billy Hill must have passed the box to Gaines or Andrews, she testified as follows: 'I actually didn't see the box passed, because I couldn't see for the coat and I don't know whether the box was passed.'
With further reference to what occurred when the four occupants of the car were stopped and arrested and thereafter: Each of the arresting officers testified Billy Hill stated the money on the front seat in the clip was his (Billy Hill's) money. Later, the four boys were questioned by Captain Groves. Captain Groves testified in part on direct examination as follows: On cross-examination, Captain Groves testified Billy Hill stated that the car he was driving belonged to his father; that he (Billy Hill) went into the store to buy a ring for his girl friend; that '(t)he other two (2) boys had...
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