State v. Goins, 506
| Decision Date | 29 April 1964 |
| Docket Number | No. 506,506 |
| Citation | 136 S.E.2d 97,261 N.C. 707 |
| Parties | STATE, v. Joe GOINS, Jr. STATE v. Jesse James MARTIN. |
| Court | North Carolina Supreme Court |
T. W. Bruton, Atty. Gen., Richard T. Sanders, Asst. Atty. Gen., for the State.
J. W. Hoyle, Sanford, for defendant Joe Goins, Jr., appellant.
H. M. Jackson, Sanford, for defendant Jesse James Martin, appellant.
Each defendant contended the evidence as to him, being in large measure circumstantial, was insufficient to go to the jury, and, for that reason, the court committed error in denying the motions to dismiss. State v. Davis, 246 N.C. 73, 97 S.E.2d 444.
The State's evidence, briefly summarized, disclosed that Wilford Harrison, while at work at a filling station in Sanford about two o'clock on the morning of June 28, 1963, was robbed by two colored men who had dark stockings over their faces. One of the men struck him twice on the head with a single barrel shotgun. They took about $75.00 in bills from his pocket and in change from a coin container on his belt. The men were in the station for only about two minutes. During that time one called the other 'James.'
State's Exhibit A, a single barrel shotgun, was identified by the witness Harrison as the gun the colored boy used in the assault and robbery.
Mancy Mae Johnson testified she saw the defendant Jesse James Martin in Sanford about 8:00 o'clock p. m. (on June 27, 1963) at her house. At his request she gave him a colored stocking which he put over his face and asked whether she could recognize him. When she gave a negative answer he requested a second stocking which she also gave him. At about 5:00 o'clock on the next morning (28th) he came back to her house and said, He had 29 one-dollar bills which he asked her to keep for him. She refused. '(He) said he hit him in the head twice with the shotgun and would have shot him but he knew the gun would sound so loud * * * somebody would probably get there before they could get away.' She further testified that Jesse James Martin and Joe Goins were brothers-in-law and lived together.
Floyd Council testified that State's Exhibit 'A' is his gun; that the defendant Joe Goins borrowed it to kill a dog. The witness kept the gun in his possession until the police made inquiry about it and he turned it over to the officer who produced it in court.
Jesse James Martin testified that he had nothing whatever to do with the robbery; denied much of Nancy Mae Johnson's testimony. He did admit, He also admitted...
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