State v. Gore
| Citation | 178 S.E. 209,207 N.C. 618 |
| Decision Date | 28 January 1935 |
| Docket Number | 581. |
| Parties | STATE v. GORE. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, New Hanover County; W. C. Harris, Judge.
Faison Gore was convicted under an indictment charging him as accessory before the fact to murder, and he appeals.
No error.
In prosecution for being accessory to murder where corroborating statements made previous to trial had been admitted, evidence of circumstances under which statements were made held properly admitted to enable jury to determine weight that should be given to such statements.
The defendant was tried and convicted upon the following bill of indictment: "
From judgment pronounced on the verdict that he be imprisoned in the state prison for the term of his natural life, the defendant appealed to the Supreme Court, assigning errors.
R. M Kermon, of Wilmington, for appellant.
Dennis G. Brummitt, Atty. Gen., and A. A. F. Seawell, Asst. Atty. Gen., for the State.
The basis of seven of the defendant's exceptive assignments of error is the admission of certain written statements and certain oral statements made by the state's principal witness to others at various times prior to the trial of this cause. The statements were admitted for, and only for, the purpose of corroboration, and the judge so told the jury at the time of their admission. The evidence of this witness, upon which the state largely relied, was to the effect that he, Ben Johnson, struck the fatal blow that killed the deceased, Karl Hayduck, and that he did so because of promises and inducements held out to him by the defendant, Faison Gore. We have carefully examined these statements, and think they all tend to corroborate the testimony of Johnson. We cannot agree with the position taken in the defendant's brief that the corroborating evidence was inadmissible because the witness, Ben Johnson, had not been impeached. The defendant, having plead not guilty, the very nature of the circumstances challenged the testimony of the witness to the effect that the defendant procured him, the witness, to kill the deceased; and also the cross-examination of the witness was an attack upon and an impeachment of his testimony, in that it sought to show that such testimony was false, and that the witness had been frequently tried and convicted in various criminal courts and was therefore a man of bad character whose testimony should not be given credence. State v. Parish, 79 N.C. 610, State v. Melvin, 194 N.C. 394, 139 S.E. 762.
The evidence of the circumstances under which the corroborative statements were made, to which the defendant excepted, was properly admitted in...
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