State v. Herring

• Decision Date: 27 January 1931
• Docket Number: 202.
• Citation: 156 S.E. 538,200 N.C. 308
• Parties: STATE v. HERRING.
• Court: North Carolina Supreme Court

156 S.E. 538

200 N.C. 308

STATE v. HERRING.

No. 202.

Supreme Court of North Carolina

January 27, 1931

Appeal from Superior Court, Sampson County; Moore, Special Judge.

Ernest Herring was convicted of murder in the first degree, and he appeals.

New trial.

Statements by codefendant in conversation with accused while in jail held incompetent against accused as no more than accusation which accused denied.

Criminal prosecution tried upon an indictment charging the prisoner with the murder of one F. F. Newton.

Verdict Guilty of murder in the first degree.

Judgment Death by electrocution.

The prisoner appeals, assigning errors.

Algernon L. Butler and Henry A. Grady, Jr., both of Clinton, for appellant.

D. G Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

STACY C.J.

This is a companion case to State v. Chevis Herring,156 S.E. 537, just decided, as both relate to the same murder though the two defendants were tried separately, before different juries, and on different bills of indictment.

To avoid repetition, we may say that the evidence appearing on the present record is sufficient to carry the case to the jury.

Ernest Herring contends, as did Chevis Herring on his appeal, that the testimony of Deputy Sheriff R. H. Holland, relative to an alleged colloquy had between the prisoner and his brother while the two were in jail awaiting trial, which the witness overheard, is incompetent as to him.We quote the testimony again, as it is slightly different on the present record from what it was on Chevis' appeal: "Ernest said to Chevis, 'What do you want to lie on me like this for?' and Chevis said he was not telling a lie.Ernest said to Chevis, 'You know you killed him yourself' And Chevis said, 'You know I didn't, you made the bargain yourself.I didn't have anything to do with it until you made the bargain on Thursday afternoon, and I told you at that time that the old man didn't have any money, and I had done and forgotten about it until you met me at the branch.'And Ernest said, 'You are lying--you are telling a lie on me.Why don't you come on and tell the truth?The Lord knows.'And Ernest broke in on him again and told him he was telling a lie, and Chevis said, "Lord, Lord, Lord,' and whistled.Ernest said Chevis did it and Chevis said he didn't have anything to do with it, and Chevis said, 'You told me you would not have my name in it if the man got...