State v. Glover, 650.
| Decision Date | 20 March 1935 |
| Docket Number | No. 650.,650. |
| Citation | 208 N.C. 68,179 S.E. 6 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. GLOVER et al. |
Appeal from Superior Court, Cumberland County; Cranmer, Judge.
Vander Glover and Houston McMillan were convicted of murder in the first degree, and they appeal.
No error.
This is a criminal action in which the defendants were convicted of murder in the first degree.
From judgment that the defendants each suffer death by means of electrocution, as prescribed by statute, both defendants appealed to the Supreme Court, assigning as errors in the trial, the admission of evidence offered by the state over objections by defendant, the exclusion of evidence offered by defendants on objections by the state, and instructions by the court to the jury to which the defendants duly excepted.
Dennis G. Brummitt, Atty. Gen., and A. A. F. Seawell, Asst. Atty. Gen., for the State.
Gilbert A. Shaw and W. Louis Ellis, Jr., both of Fayetteville, for appellees.
A careful examination of the assignments of error appearing in the record in this appeal fails to disclose any error in the trial of this action for which either of the defendants is entitled to a new trial. Neither the evidence admitted over the objection of the defendants, nor the evidence excluded on the objection of the state, were of sufficient probative value to affect the verdict of the jury. There was no error in the admission or exclusion of this evidence, or in the instruction of the court to the jury to which the defendants excepted. Neither of the assignments of error require discussion.
All the evidence at the trial of this action shows that the deceased, Robert Williams, was murdered in his home, in a suburb of the city of Fayetteville, N. C, on Saturday night, the 10th day of April, 1934, at about 10 o'clock, and that the murder was committed in the perpetration of a felony, to wit, robbery. The homicide was, therefore, murder in the first degree, as defined by statute. C. S. § 4200.
All the evidence further shows that both the defendants were present in the home of the deceased at the time of the murder, and that the defendants and the deceased were the only persons present. The evidence for the state shows that the defendants went to the home of the deceased early Saturday night for the purpose of robbing him of his money, and that, in accomplishing that purpose, they killed him. One of the defendants cut the throat of Robert Williams with a knife and the other struck him on the...
To continue reading
Request your trial
-
North Carolina State Highway v. Black
...In consequence, its admission must be adjudged harmless to the petitioner. State v. Bennett, 237 N.C. 749, 76 S.E.2d 42; State v. Glover, 208 N.C. 68, 179 S.E. 6. Exceptions 25 and 26 are addressed to the action of the trial judge in sustaining objections of the respondents to questions put......
-
State v. Kelly
...is murder in the first degree. State v. Lane, 166 N.C. 333, 81 S.E. 620; State v. Donnell, 202 N.C. 782, 164 S.E. 352; State v. Glover, 208 N.C. 68, 179 S.E. 6. In charge is the following: "Now, Gentlemen of the Jury, the prisoners in this case, as are the defendants in any and every crimin......
-
State v. St.On
...v. Alston, 215 N.C. 713, 3 S.E.2d 11; State v. Exum, 213 N.C. 16, 195 S.E. 7; State v. Linney, 212 N.C. 739, 194 S.E. 470; State v. Glover, 208 N.C. 68, 179 S.E. 6; State v. Green, 207 N. C. 369, 177 S.E. 120; State v. Stefanoff, 206 N.C. 443, 174 S.E. 411; State v. Lang-ley, 204 N.C. 687, ......
-
State v. Bennett, 651
...must be deemed harmless to the defense. The exclusion of this evidence could not have resulted in a different verdict. State v. Glover, 208 N.C. 68, 179 S.E. 6. Since the State's case was based for the most part on direct evidence sufficient in itself to warrant conviction, the trial judge ......