State v. Miller

• Decision Date: 07 May 1941
• Docket Number: 506.
• Citation: 14 S.E.2d 522,219 N.C. 514
• Parties: STATE v. MILLER.
• Court: North Carolina Supreme Court

14 S.E.2d 522

219 N.C. 514

STATE v. MILLER.

No. 506.

Supreme Court of North Carolina

May 7, 1941

Criminal prosecution upon indictment charging defendant with murder of C. C. Ritter.

In the trial court evidence for the State tends to show these facts About midnight on the night of December 13, 1940, the body of C. C. Ritter was found crumpled under a tree near an automobile on a lot just off the sidewalk of Central Avenue and across the avenue from his barber shop in the city of Charlotte, Mecklenburg County, North Carolina.He was dead.His death was caused by a wound inflicted by a 38-caliber bullet fired into the back of his head, and which lodged in the brain.

Defendant a negro boy, then approximately one month less than eighteen years of age, was arrested on the following Wednesday morning, and voluntarily confessed to police officers that he killed C. C. Ritter.His statement was taken down by Mr Hunter, of the Charlotte Observer.

His statements in this connection are to the effect that he had previously worked at the shop of C. C. Ritter and knew him and his habits; that prior to December, 13, 1940, he had obtained a pistol from John Henry Thomas, a negro boy, and on Wednesday before that date, had bought five "38" caliber cartridges from a hardware store operated by a Mr Cathey on Central Avenue; that on the night of December 13, 1940, as he was walking along Lamar Avenue towards and near Central Avenue, he saw Mr. Ritter "coming out of his place" and locking his door; that he, defendant, had this gun which he had obtained from John Thomas; that he came across to Mr. Ritter's automobile and waited behind it until Mr. Ritter got there; that when Mr. Ritter opened the door of his car, he, defendant, "throwed the pistol on him and told him to give him his money"; that Mr. Ritter turned around and started to walk off, and said or told defendant that he would call the police, and he shot him; that he did not intend to kill him,--just meant to shoot him in the shoulder, to keep him from calling the police; that he, defendant, then ran down the railroad toward Barnhardt Manufacturing Company, and returned about an hour later to see if Mr. Ritter was there, "thinking that the man was only wounded, and that he would be gone"; that when he returned he found Mr. Ritter was dead, and "then took his money off him and went back to Lamar Avenue, and *** to the railroad"; that he got twenty-nine dollars, consisting of bills and silver; that he took the money and went to the Brooklyn section and gave Mildred Reid six dollars, and bought clothing for himself with the balance; that he had been drinking some on the night of the killing; that he carried the pistol back and put it in John Thomas' house.

The State further offered testimony of Mildred Reid to the effect that she saw defendantat 11 o'clock and after on the night of the killing, and, in her words, "Joe didn't seem to be drunk that night, seemed to be sober.He was nice and quiet and acted like he always have acted".

The State further offered testimony of John Henry Thomas, a negro boy, twenty years of age, to the effect that on Sunday, December 15, 1940, having heard while caddying at a golf course that Joe Miller shot Mr. Ritter, he said to defendant as they were returning, "Joe, I heard you shot Mr. Ritter with my gun, and I want to know if it's so", and that after some conversation he said: "Yes, I shot Mr. Ritter *** I did not mean to kill him, just meant to shoot him in the shoulder, to keep him from calling the police".

The State further offered evidence tending (1) to identify defendant as the one who purchased cartridges from Mr. Cathey, and (2) to show (a) that he did give Mildred Reid six dollars on night of December 13, (b) that pistol was found at the place named by defendant; and (c) that defendant took officers to each place where he bought clothing.

Defendant as witness for himself testified that about 10:30 o'clock on Friday morning, December 13, John Thomas talked with defendant, said that he had some bills to pay, and suggested getting some money; that on being asked by defendant where he was going to get the money, he said he didn't know but he had found a place to get some; that at 7:15 that night John Thomas showed defendant where he kept his gun, and said "We are going to get the gun or we're going to get some money", and that he was going out to Mr. Ritter's barber shop; that on being asked by defendant what he was going to do with the gun, he said, "We're going to take it along for a bluff"; that he, defendant, did not know that Thomas had any intention of using that gun to kill Mr. Ritter.Then, continuing, defendant testified: "The gun that Mr. Ritter was killed with was the gun of John Thomas.On the night of this homicide John Thomas and I *** come down there on Lamar Avenue and Central and waited behind the sign board till Mr. Ritter started from his barber shop, and then as he was crossing the street I stepped behind his car and Thomas stepped out in front of him and asked him for his money *** I did not have any weapon with me at all *** I did not have any desire to injure Mr. Ritter.*** So far as I know Mr.

Ritter never did see me *** After Mr. Ritter was shot we went down the railroad, down by the Louise Mill *** We stayed there about an hour and *** come back up where his body was.I got Mr. Ritter's money.It was folded in his hip pocket in bills; Yes, sir, he had some silver, I think about five or six dollars of silver in his coat pocket.Mr. Ritter had fifty six dollars in all, and I got twenty eight dollars and John Thomas got the other.After Mr. Ritter was shot we went *** and *** stopped and divided the money--there in the light of the laundry *** After dividing the money I went over to Mildred Reid's, my girl friend's, house that night *** I did give her six dollars.John Thomas carried the gun home with him ***".

Continuing, defendant testified: "On December 13th we left home about a quarter past seven.I went over to John Thomas' house, that is where we started from to go rob Mr. Ritter *** At the time I started up there with John Thomas and at the time Mr. Ritter was shot,--I was drinking wine.I had had just about two pints.I had been drinking wine that night; well, I started around six thirty *** I had been drinking wine a pretty good while ***".

And, continuing, defendant testified: "When I got over here to the police I told them that I had done it; I told them very much what I have told on the witness stand.Well, before it happened Thomas said if I got caught he wanted me to take it on myself and leave him out of it, and if he got caught he would do the same for me.Yes, sir, I took it on myself about two weeks before court time *** I want to say that I did not have anything against Mr. Ritter and I did not kill Mr. Ritter, and I want to ask the court to spare my life, because I did not kill him."

Then on cross-examination, defendant testified that he knew the time Mr. Ritter quit the shop at night, knew he took in considerable money on Friday, knew he carried money home with him when he left the shop, know he did not keep any money in his cash register, knew he put it in his pocket, knew he left in an automobile to go home, knew where he parked his car, and knew the direction he was going to take to his home.He said: "*** I and Thomas had planned this to go get his money, and if I got caught, whoever got caught would take it on himself.I will say it was planned that day about ten thirty in the morning.*** I had planned the whole thing out what I was going to do and how I was going to rob him.*** I had planned to take this old pistol down there and use it, and if it took that to get the money that was what I was going to do.*** I shot to wound him, to keep him from telling the police.Yes, sir, he told me he was going to tell the police, but I didn't shoot him.*** I shot to wound him that was the idea.*** This boy and I were working together by way of an agreement, *** in furtherance of the agreement that I had between us at ten thirty that morning before Mr. Ritter got killed *** I told Mr. Ernest Hunter, the City Editor of the Charlotte Observer, that night and these men in his presence that I had shot Mr. Ritter and I shot him to wound him in the shoulder because he was going to get the police after me.We made up that story that we were going to shoot him in the shoulder before we left home.*** The purpose was if we had to shoot him that we would shoot him in the shoulder to wound to keep him from going after the police.*** Thomas said if he started to holler he would shoot him in the shoulder and wound him *** I helped frame that up *** I first saw Mr. Ritter in his barber shop.We was passing his shop, going up Central Avenue; he was cutting somebody's hair, and we went straight on out Central Avenue up to Pecan; we went up Pecan Avenue and stayed at the drug store about ten minutes; went down Pecan to the railroad, came up Pecan and out High Street, crossed Clement and went down to Lamar and stayed behind the signboard there until he came out of his shop.Yes, sir, I mean we hid and concealed ourselves and waited on the man to come out so we could rob him.After he was shot we ran.*** We went back and got his money."

And finally, defendant said: "I...