State v. Manning
Decision Date | 04 March 1942 |
Docket Number | 146. |
Parties | STATE v. MANNING. |
Court | North Carolina Supreme Court |
Criminal prosecution tried upon indictment charging the defendant with feloniously and with malice aforethought killing Paul Best.
The State's evidence tends to show that on the morning of July 8, 1941, Paul Best, an elderly man, employed as a clerk in the store of H. P. Sewell, in the town of Windsor, was struck on the back of the head at the base of the skull by a hammer or other blunt instrument, and that as a result of the injury Best died some seven or eight hours later. The defendant was seen coming out of the store, where Best was employed, a short time before Best was found on the floor of the store in an unconscious condition. There was evidence that the cash register had been robbed, and the evidence tends to show that the murder was committed in the perpetration of this felony.
Defendant made numerous confessions, admitting that he killed the deceased, Paul Best, and that he robbed the cash register but at the time of the trial he repudiated the confessions and contended they were involuntary.
Verdict Guilty of the felony and murder in the first degree whereof the defendant stands charged in the bill of indictment.
Judgment Death by asphyxiation. Defendant appeals, assigning errors.
Harry McMullan, Atty. Gen., and T. W. Bruton and G. B. Patton Asst. Attys. Gen., for the State.
Gillam & Spruill, of Windsor, for defendant.
The defendant's first exception is to the ruling of His Honor that the confessions of the defendant were voluntary. The Court, in the absence of the jury, heard the testimony of the witnesses and the defendant on the question as to whether or not the various confessions of the defendant were voluntary. The Court then found as a fact and held that the confessions of the defendant were free and voluntary.
In the case of State v. Fain, 216 N.C. 157, 4 S.E.2d 319, 320, Stacy, C. J., said:
In State v. Andrew, supra, Pearson, C. J., said: State v. Whitener, 191 N.C. 659, 132 S.E. 603.
No error has been made to appear in the admission of the confessions of the defendant in evidence.
The second and seventh exceptions are to the refusal of the Court to charge the jury on the lesser degrees of the crime charged. It is well settled in this jurisdiction that where there is no evidence to sustain a verdict of guilty of a lesser offense than that charged in the bill of indictment it is not incumbent upon the Court to submit to the jury the question of defendant's guilt of lesser degrees of the crime charged. This rule applies to indictments for murder when all the evidence tends to show, as here, that such murder was committed in the perpetration of a...
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