State v. Medley

• Decision Date: 29 October 1919
• Docket Number: 347.
• Citation: 100 S.E. 591,178 N.C. 710
• Parties: STATE v. MEDLEY ET AL.
• Court: North Carolina Supreme Court

100 S.E. 591

178 N.C. 710

STATE v. MEDLEY ET AL.

No. 347.

Supreme Court of North Carolina

October 29, 1919

Appeal from Superior Court, Forsyth County; Bryson, Judge.

Bunks Medley and Fannie Robertson were convicted of highway robbery. From a judgment imposing sentence on Bunks Medley he excepts and appeals. No error.

Indictment for highway robbery, in feloniously taking by force a watch etc., from the person of one G. M. Simpson, with count also for feloniously receiving said watch, etc. There was a verdict of guilty as to both defendants, with recommendation of mercy as to Fannie Robertson.

While ordinarily desirable that a defendant in a criminal prosecution, requested to testify by a codefendant, should be called to the stand to determine witness' constitutional privilege against giving testimony that might incriminate herself, where the facts showed that the evidence sought must prejudice such witness' defense, and as well incriminate the witness with reference to another crime the court's refusal to have the witness called to the stand must be sustained.

Moses Shapiro and Fred M. Parrish, both of Winston-Salem, for appellant.

Jas. S Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

HOKE J.

There were facts in evidence tending to show that in March, 1919 about 12 o'clock at night, or shortly thereafter, on the streets of Winston-Salem, the defendant Bunks Medley held up the prosecutor with a pistol, while the female defendant went through his pockets, taking his watch, etc. There were other facts tending to confirm the direct evidence on the subject.

During the progress of the trial, the male defendant proposed to examine his codefendant, Fannie Robertson, as a witness, stating that his purpose was to show by her that he was not with her that night, and had not been for two months, and that the watch which she had in her possession (that of the prosecutor) had been found in the bed which had been occupied by her and the prosecutor, Simpson. Said Fannie Robertson having stated that she did not care to take the stand as a witness, the court declined to allow her to be examined as proposed, and defendant excepted. Speaking generally, and under section 1630 of Revisal, all parties and persons interested are made competent and compellable to testify as witnesses in judicial investigations, or before courts or tribunals having power to hear and examine evidence, except in actions or other proceedings instituted on account of adultery or in actions for criminal conversation.

Under section 1634, in all indictments, complaints, or other proceedings against persons charged with crimes, etc., the person so charged shall at his own request, and not otherwise, be a competent witness, etc.; and in section 1635 it is provided that nothing in the preceding section (1634) shall render...