State v. Godwin

• Decision Date: 16 June 1939
• Docket Number: 649.
• Parties: STATE v. GODWIN.
• Court: North Carolina Supreme Court

3 S.E.2d 347

216 N.C. 49

STATE v. GODWIN.

No. 649.

Supreme Court of North Carolina

June 16, 1939

The defendant was tried on an indictment for murder. C.S. § 4614. He was convicted of murder in the first degree and the following sentence pronounced: "And it is adjudged that the said warden then and there cause a sufficient quantity of lethal gas to be administered to you to cause your death; and may God have mercy on your soul."

The evidence was to the effect that the defendant lived with his parents in High Point. That while held in jail in Lexington with William M. Wilson--both on separate charges of robbery with fire-arms-- he and "Bill" Wilson, with the aid of Lula Belle Kimel, daughter of the jailer, escaped on October 3, 1938, about 3:55 p. m. Defendant took a .45 Colt revolver from the jailer's desk and Wilson got some .45 automatic cartridges. Defendant handed the Colt revolver to Wilson, who stuck it in his belt. They went down to the Union Bus Terminal and Wilson gave defendant the .45 Colt revolver. They had Wm. Swink, a taxi driver, take them out on the High Point Road towards Thomasville and turned to the left on a dirt road. Defendant told Swink "All right, stop right here" and put the gun pretty close to the taxi driver's neck. Swink saw the gun and stopped. When he stopped Wilson got out, took the taxi driver's seat, cap and badge and drove towards High Point. The taxi driver sat behind Wilson with defendant on the right-hand-side back seat. In going over to High Point the taxi driver said "You want to see my kid's picture?" and reached in his pocket and pulled out his pocket-book. Wilson took his pocket-book and driver's license. They went to defendant's home and Wilson asked Mrs. Godwin where her son Warren was. They got some adhesive tape at a drug-store and drove back to a spot on the highway--defendant was holding the .45 Colt on Swink, who was on the right-hand side of the taxi. Defendant held the gun on him and put his back to a little oak tree, his hands behind him and put adhesive tape on him. Wilson took his wrist watch and stuck a handkerchief across his mouth and wrapped a roll of adhesive tape all around his head. They got in the taxi and went back to High Point and to defendant's home, both went in. Defendant got some clothes and a pair of shoes. In the back of the house defendant opened a drawer and took a .38 pistol out and handed it to Wilson and said "She is a beauty", and he got some cartridges and started out the door. Defendant said "Give me that .38". Wilson handed it to him and he loaded it. They got in the front seat of the taxi and drove about looking for a car "Anyway we could get it". They followed a red sedan. Defendant said "This is a pretty nice car, I would like to have it." Defendant got out of the taxi, which was about out of gas. He talked to the man in the red sedan, the man unlocked the door to the back seat and defendant got in and they drove off. While Wilson was having gas put in the car defendant came running back, he had both guns, he jumped in the car with one gun in his hand and said "Take off and take off in a hurry, I think I have killed a man." Wilson drove off. "We were aiming to get another car and dump that". Wilson sold the watch taken from the taxi driver to buy gas. After driving around and getting two gallons of gas, they drove out of High Point. They drove to Granite Falls in Caldwell County, where they were captured. They saw an account of the killing in the "Greensboro Daily News" and defendant told Wilson: "By God they will never take me alive." He said: "If they find me now with this pistol, I will burn as sure as hell." After going several different places, they went down in an old barn and slept there in the day. They kept the guns in their hands. They stayed there the next day and night and Wilson gave himself up. He had hid the .45 Colt revolver and informed the officers as to where it was. When defendant came out of the barn he had a pistol in his hand and was commanded to "Halt", but did not and was shot with No. 9 bird shot. He attempted to shoot the officer. When shot he threw the .38 Colt revolver against the barn.

Donald Moss, the deceased, was sitting in his Chevrolet car near the hosiery mill, parked 60 feet from the intersection of Pine Street, headed towards the mill. He and his wife were working in the mill, they worked until twelve o'clock at night. He was off that evening about 7:30 for supper.

The following witnesses for the State testified, in part:

W. P Frazier:

"I passed Don's car. He was sitting in it. I threw my hand up and said, 'Let's go to work.' He said 'I will be on in a minute.' I had gone approximately thirty feet toward the mill entrance on Pine Street and I heard some one say 'Don't shoot'. I was smoking a cigarette and stopped to finish it and leaned up against the fence with my back and when I heard the first one, then he said 'Don't shoot' again 'Please' and then a shot.

"Q. How many times did he repeat the language 'Don't shoot'? A. I heard it distinctly twice.

"Q. And you say the last time he said what? A. After the last shot he said 'Don't shoot,' he said 'Please'--then I heard a shot.

"Q. Then what? A. ***

"Q. Who was in the car from which the sound was coming? A. I knew Don was up there.

"Q. Did you recognize the voice? A. No, I did not recognize the voice. I heard a scream and ran back up there and found it to be Donald Moss. ***

"Q. State what he was doing and saying just at the time when you got there? A. He was pulling off his coat and he said 'He shot me, what did he do it for?' and by that time two boys ran up and a bunch ran up and Bruce Jones and Bill Hughes picked him up."

This testimony was corroborated by Jones.

When Moss was asked for his automobile keys he replied "They are in my pocket." Moss handed his coat to Frazier who got the keys out of his right-hand coat pocket. Moss was taken to a hospital, and died the next morning at 7:40 from the wound. The bullet hole was just below the nipple --right chest--went downward. Moss was in perfect health, weighed about 165 pounds, was 5 feet 5 1/2 inches high. He was 30 years old and a knitter at AdamsMillis Co. He was married in the Spring (April 5, 1938) before he was killed on October 3, 1938. The evening he was killed he was dressed in overalls with a coat on.

Dr. E. A. Sumner: "I attended Donald Moss on the night of October 3rd. *** I made an X-ray (handing to Solicitor). There are two, one of the chest and the other of the abdomen and pelvis. It shows the location of the bullet which is lying on the left side with its nose up about two inches away from the spinal column just behind the pelvic bone. *** My opinion of the cause of his death is gun shot wound in the abdomen. Only one wound in him. It started on the right and ranged across the right lodging in the left hip. He said, 'Doctor, I am suffering so bad I cannot stand it. Do anything you can for me but I think I am going to die anyway.' He did not talk to me about what happened. I told him we would operate and probably he would be all right."

R. L. Whitaker:

"I first saw him (defendant) around 7:45. I was driving a Pontiac eight, and my wife was with me. The automobile was a maroon, sedan, and a 1938 model. I first saw James Godwin at the intersection of Lindsay and English Streets as I was entering English Street intersection with Lindsay going south. I drove up to English Street and the red light caught me at the intersection over the center of the road. The light changed red as I drove up. I stopped. Godwin came up to the side of my car on my side. He came from the rear of my car and he said to me, 'Mister, are you going towards town?' I said, 'No, sir, I am going in the other direction.' He said, 'I have a car here and I am out of gas.' He said, 'I am out of gas and don't know that man over there.' My brother operates that filling station. He said, 'I want you to take me to Red's Filling Station to get some gas.' I said to him, 'I am in a hurry, how much gas will you have to have? I will get him to let you have a gallon or so.' He then said, 'Mister, I appreciate that but I would appreciate it much better if you will run me to Red's Filling Station so that I can get the gas that I want, ***' Then I said to him, 'Where is that filling station?' and he said 'Right over on the corner of English and North Main Street.' I said, 'If that is all the way, get in.' And as I pulled off of Lindsay Street into English I felt something in my shoulder pressing pretty tight.

"Q. Go ahead. A. And I glanced my eye in the mirror and I seen a gun. *** And he said 'You make a left turn.' We had not gone more than fifty feet from English Street then. My wife was in the front seat beside me. He was in the rear. I had my car in second. I pushed down on my accelerator with all power and just before I entered Pine Street he said 'Make that turn'. I was going so fast I could not. I pulled up in high and stepped down on it again with all power. The gun was hurting. I felt it pressing very tight. Mr. Godwin was standing over me as I could see in the mirror, pressing tight. He said 'Damn, you, make that turn,' and his hand was almost on the steering wheel and I snapped right into the filling station on the corner of Elm and English.

When I made a quick dash to the right, Mr. Godwin was thrown. I ran right in, stepped on my brake and the car stopped quick. I heard something hit. He said, 'Oh hell'. He got out of the door and went running across English Street. He went back toward the hosiery mill, the Adams-Millis mill. I did not see him any more. I was 350 or 400 feet from the Adams-Millis mill when I ran into that filling station and stopped. About a half block. That was right close to 7:45. By...