State v. Gupton

• Citation: 80 S.E. 989,166 N.C. 257
• Parties: STATE v. GUPTON.
• Decision Date: 25 February 1914
• Court: United States State Supreme Court of North Carolina

80 S.E. 989

166 N.C. 257

STATE v. GUPTON.

Supreme Court of North Carolina

February 25, 1914

Appeal from Superior Court, Vance County; Peebles, Judge.

J. D Gupton was convicted of manslaughter, and appeals. Reversed and new trial ordered.

Upon review of a judgment of conviction rendered after a peremptory instruction in favor of the state that the warrant under which accused claimed to have been justified in acting was void, the Supreme Court is required to interpret the evidence in the most favorable light to accused.

This is an indictment for the murder of Charles Snyder on February 1 1913. It will not be necessary to state more than a part of the testimony introduced in behalf of the prisoner, as the appeal turns upon the question whether there was any evidence of self-defense, the conviction being for manslaughter, and the sentence 10 years' imprisonment in the county jail with directions that he may be required to work on the public roads. The prisoner's defense was that he was in the act of executing a warrant for the arrest of the deceased, when he was attacked by the deceased and his wife with deadly weapons, his life was put in jeopardy, and he shot the deceased in justifiable self-defense. He offered to prove the affidavit and the warrant issued therein by the justice of the peace, as follows:

"State of North Carolina, Vance County. Henderson Township--Before W. H. Grissom, J. P. State v. ______. Rut Johnson, being duly sworn, complains and says that at and in said county and in Henderson township, on or about the 1st day of February, 1913, Charlie Snyder did unlawfully and willfully assault with a pistol and shotting on public highway against the form of the statute in such cases made and provided, contrary to law and against the peace and dignity of the state. Rut Johnson.

Subscribed and sworn to before me this the 1st day of February, 1913. W. H. Grissom, J. P."

"North Carolina, Vance County. Henderson Township. The State of North Carolina. To Any Constable or Other Lawful Officer of Vance County--Greeting: You are forthwith commanded to arrest Charlie Snyder and safely keep so that you may have him before me at my office in Henderson or some other magistrate of said county, immediately to answer the above complaint and be dealt with as the law directs. Given under my hand and seal, this 1st day of February, 1913. W. H. Grissom, J. P." The state objected to the evidence, upon the ground that the warrant was void, for that on its face it charges no offense. The objection was sustained, and the defendant excepted.

The prisoner then testified in his own behalf: "I went to the Boon house with Bud Hamlet; went to the front door and sent him to the back door. I went in and asked for Mr. Snyder; did not curse or use violent language, nor conduct myself in a rude and violent manner, as testified by Mrs. Boon. I found Snyder on the back porch, and told him I was an officer and had a warrant for him, and for him to consider himself under arrest. He did not give me time to get out the warrant and show it to him or read it to him. He became violent and cursed, and said he would not be taken. We then started back through the house, I in front, and Hamlet was with Snyder. Mrs. Snyder was not there when we went in, but as we started out she came in and was very violent, and said we should not take him. I was talking to her when Mr. Hamlet called for help. As I turned she took a large lamp and threw it at Hamlet. It missed him and struck the house, broke the lamp or chimney and spilled oil on Snyder and Hamlet, and scattered glass about. She then got a pistol and shot me through the shoulder, the ball lodged just under the skin in my back. Just then Snyder cried out, 'God damn you, I'll kill you.' I looked, and he was in the act of striking me with an open knife. I threw up my pistol and fired at him and he began to fall, she continued firing, and I caught Snyder and held him between me and her. When she stopped shooting, I let him go down and went out and did not come in any more. As I went out I saw Mr. Sid Huff near his home, and called to him to come and help; that I was shot. I went to him and he brought me to the doctor; as I was going to him, Mrs. Snyder came out and shot me. I did not turn back nor threaten to shoot after I came out of the house. I was taken to the hospital. At the time I shot Snyder, he and his wife were both attacking me; she was between me and one door with a pistol, and he was between me and the other door with an open knife. I had no way to escape. The ball I shot had a steel jacket."

Bud Hamlet, witness of the defendant, testified: "I went with Mr. Gupton at his request. Mr. Snyder was on the back porch at Mrs. Boon's, and Gupton went through the house to him, took him by the arm and told him he was arrested. I don't know whether he said anything about the warrant. He did not read it. As we were going through the house to the front door, Snyder attacked me, and Mrs. Snyder threw a lamp at me, which missed and broke against the house, scattering oil and glass on me and Snyder. She then got a pistol and shot it two or three times. One ball hit the end of my finger and then went through Mr. Gupton's shoulder. Snyder got out his knife and was striking at Gupton when he fired. Gupton then caught hold of him and held him up a bit and let him down on the floor, when Mrs. Snyder stopped shooting, and left. Mrs. Snyder followed him to the door, and shot at him as he was leaving. He did not turn back any more, but went on to Mr. Huff, who brought him to the doctor. Gupton did not curse or act in a violent manner, and only shot at the time he was being attacked. Mr. and Mrs. Snyder were drunk and cursing. I have been in jail for making and selling liquor."

W. H. Johnson, for defendant, testified: "I am a merchant and have a store near the Harriet Cotton Mills. On that Saturday afternoon I let Mr. and Mrs. Snyder have a horse and buggy to go to town. Upon their return they were drunk, driving fast, cursing, and shooting a pistol or pistols on the street near my store. They shot over my home and over the homes of Mr. Adams and Sadie Johnson. I phoned to Sheriff Royster about it, and he told me to get a warrant from the nearest justice and give it to the officer he would send over there. I sent my brother for the warrant to Squire Grissom, and it was given to Mr. Gupton on his arrival. He started after Snyder, taking Bud Hamlet with him."

There was other evidence tending to corroborate these witnesses and also evidence on the part of the state...