State v. Paige, No. 6

Docket NºNo. 6
Citation272 N.C. 417, 158 S.E.2d 522
Case DateJanuary 12, 1968
CourtUnited States State Supreme Court of North Carolina

Page 522

158 S.E.2d 522
272 N.C. 417
STATE of North Carolina
v.
Van R. PAIGE.
No. 6.
Supreme Court of North Carolina.
Jan. 12, 1968.

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. James F. Bullock, for the State.

W. L. Cooke, Windsor, for defendant appellant.

[272 N.C. 419] PARKER, Chief Justice.

The State offered evidence; defendant offered no evidence. The evidence offered by the State tends to show the following facts: On 26 March 1954 Arthur Byrum was operating a store in Chowan County located about 16 miles from Edenton on U.S. Highway #32 at a crossroad. His home is back of his store. He had been sleeping at this store about a couple of months on a bed behind the counter. He had a 25 automatic pistol and a double-barrel shotgun with him at the store, and he kept both of them by his side at night where he was sleeping. He had with him in the store where he was sleeping $5,700 worth of bonds and about $6,000 in money. Most of the money consisted of twenty and one hundred dollar bills. The bonds and the money were in a metal box right under the counter near the cash register with some goods packed in front of them. Sometime after midnight and before day he heard a noise of someone breaking into the store. When he heard this noise, he was back of the counter lying down. The next thing he looked up and saw a man coming down on him. There was no light in the store, but it was a moonlight night and he could see all right. When the man jumped down on him, he grabbed his pistol; the man got his hand and pressed it on the floor, and he could not use it. The man who jumped on him was a colored man. When he and this person were wrestling about the pistol, another colored man walked up and hit him (Byrum) over the head. This man was armed. He saw three more persons in the store other than these two. They were all colored. He testified as follows:

'While the man who jumped on me and was taking the gun away from me, the other fellow came up and hit me over the head with a piece of iron. He liked to have 'salivated' me right then. After I got hit with the piece of iron I grabbed the rod of iron and snatched it out. He pulled a gun on me. The second one came up there, pulled a gun on me and I reached up and snatched the piece of iron out of his hand and hit him the best I could. I couldn't get so much force to it. The gun was pointed at me. The third man walked up there and snatched that rod of iron out of my hand, he finished me; that's all I know about it. There was nothing said about the gun then. They carried the gun off. After the gun was pointed at me I was hit until I did not even know where I was at or nothing. I was wounded on the head. My fingers were torn and cut. They took some stitches in my head and sewed up my finger. I was knocked unconscious. When I came to I went to call the sheriff. I told the sheriff I had been robbed. The sheriff came on to my store.'

[272 N.C. 420] His bonds and money were stolen. Subsequently, he got back all the bonds and $170

Page 525

of his money. Byrum was in the hospital 13 days.

The next morning after the robbery Byrum's wife went to the store before daylight. When she arrived the sheriff of Chowan County and her brother, Joe Forehand, were there. Her husband was very bloody. There was blood on the walls of the store, back of the counter, in the ceiling, and all over the merchandise.

Lester Griffin testified for the State in substance: Van R. Paige (defendant), Amos Paige, Jasper Boyd, Willie Boyd, and he got together about midnight on Highway #65 near Parmele in Martin County and went to Chowan County. Defendant picked out Byrum's store and said 'it just looked like a good place.' After the store was picked out, they drove to the church near the store and parked the car. Defendant, Amos Paige, Willie Boyd, and he got out, leaving Jasper Boyd in the car. Defendant had a 45 automatic pistol and a tire tool with him. When they reached the store, defendant pried the door open, and all of them went in. Amos Paige mashed on the cash register, and it rang. They heard a voice saying, 'Who is this in here?' Whereupon, he and Amos Paige went outside a few minutes. They heard 'some lumbering going on' in the store and went back inside. Defendant and Willie Boyd were behind the counter holding Arthur Byrum. Defendant hit Byrum over the head three or four times with his pistol. Willie Boyd went behind the counter and said 'I got it.' The last time he saw Byrum he was lying on the counter as they went out. Defendant was holding the metal box containing the bonds and money. All of them got in the automobile and went to defendant's home near Parmele. They went into a back room, and defendant and Willie Boyd counted the money and passed it around. After some of the money had been passed around, defendant took the box and money. The next day all five of them left North Carolina and went to Boston, Massachusetts. They stayed there maybe two or three weeks, and then all of them came back to Martin County. After they returned to Martin County, defendant told them he heard some 'root' doctor had taken some $8,000 or $800 from his wife. All of them went back to Boston except defendant, who said he was going to stay home and try to get the money the 'root' doctor had taken from his wife. All four of them were arrested in Boston and returned to Chowan County for trial. After he was arrested, he told the officers about what had occurred. He pleaded guilty to the charge against him and is now serving time. He testified on cross-examination in substance: He had known the four men who were with him in robbing Mr. Byrum about four or five years. He had been robbing and stealing with them two or three times in [272 N.C. 421] Edgecombe County. The State Bureau of Investigation and the parole officers did not promise that they were going to help him if he would testify against the defendant. He got $400 out of the robbery. Defendant carried some of the money and the bonds in his suitcase to Boston. He saw the bonds the first time in Boston. He testified on redirect examination that when they went to Boston they stayed in the same apartment. They carried with them some girls from Martin County.

Willie Boyd testified for the State and gave substantially the same testimony as was given by Lester Griffin, with these exceptions: Defendant brought the box containing the bonds and money out of the store. Defendant gave him $250 out of it at Parmele. He told the officers about the robbery. He was tried some years back, pleaded guilty, and was given a sentence of from 20 to 30 years in the penitentiary, of which sentence he served six and one-half years before receiving a parole. He is now out on parole. He testified in substance on cross-examination: Defendant is his first cousin. They have been friends through the years. He (Boyd) has been convicted in Williamston for larceny. He stayed in Boston until he was apprehended by the State Bureau of

Page 526

Investigation. The stolen bonds were in his suitcase, but he did not know what they were. He did not get any of the bonds. The bonds were found in his suitcase in Boston.

W. W. Spence, an agent for the State Bureau of...

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38 practice notes
  • State v. Sanders, No. 43
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • June 12, 1970
    ...complained of was material and prejudicial to defendant's rights and that a different result would have likely ensued. State v. Paige, 272 N.C. 417, 158 S.E.2d 522; State v. Woolard, 260 N.C. 133, 132 S.E.2d 364; Collins v. Lamb, 215 N.C. 719, 2 S.E.2d 863; State v. Beal, 199 N.C. 278, 154 ......
  • North Carolina v. Pearce Simpson v. Rice, Nos. 413 and 418
    • United States
    • United States Supreme Court
    • June 23, 1969
    ...be given full credit for all time served under the previous sentence. State v. Stafford, 274 N.C. 519, 164 S.E.2d 371; State v. Paige, 272 N.C. 417, 158 S.E.2d 522; State v. Weaver, 264 N.C. 681, 142 S.E.2d 633. In any event, Pearce was given such credit.6 Alabama law, however, seems to ref......
  • State v. Stafford, No. 495
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 9, 1968
    ...imposed for the same conduct, a defendant must be given full credit for all time served under the previous sentence. State v. Paige, 272 N.C. 417, 158 S.E.2d 522; State v. Weaver, supra. Accord, Lewis v. Commonwealth, 329 Mass. 445, 108 N.E.2d 922, 35 A.L.R.2d 1277 (1952). See King v. Unite......
  • People v. Baze, No. 40762
    • United States
    • Supreme Court of Illinois
    • November 26, 1969
    ...L.Ed.2d 153; Hicks v. Commonwealth, 345 Mass. 89, 185 N.E.2d 739, cert. den. 374 U.S. 839, 83 S.Ct. 1891, 10 L.Ed.2d 1060; State v. Paige, 272 N.C. 417, 158 S.E.2d 522; see cases cited 12 A.L.R.3d at 981.) State courts adopting a contrary view concluded that to permit a more severe punishme......
  • Request a trial to view additional results
38 cases
  • State v. Sanders, No. 43
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • June 12, 1970
    ...complained of was material and prejudicial to defendant's rights and that a different result would have likely ensued. State v. Paige, 272 N.C. 417, 158 S.E.2d 522; State v. Woolard, 260 N.C. 133, 132 S.E.2d 364; Collins v. Lamb, 215 N.C. 719, 2 S.E.2d 863; State v. Beal, 199 N.C. 278, 154 ......
  • North Carolina v. Pearce Simpson v. Rice, Nos. 413 and 418
    • United States
    • United States Supreme Court
    • June 23, 1969
    ...be given full credit for all time served under the previous sentence. State v. Stafford, 274 N.C. 519, 164 S.E.2d 371; State v. Paige, 272 N.C. 417, 158 S.E.2d 522; State v. Weaver, 264 N.C. 681, 142 S.E.2d 633. In any event, Pearce was given such credit.6 Alabama law, however, seems to ref......
  • State v. Stafford, No. 495
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • December 9, 1968
    ...imposed for the same conduct, a defendant must be given full credit for all time served under the previous sentence. State v. Paige, 272 N.C. 417, 158 S.E.2d 522; State v. Weaver, supra. Accord, Lewis v. Commonwealth, 329 Mass. 445, 108 N.E.2d 922, 35 A.L.R.2d 1277 (1952). See King v. Unite......
  • People v. Baze, No. 40762
    • United States
    • Supreme Court of Illinois
    • November 26, 1969
    ...L.Ed.2d 153; Hicks v. Commonwealth, 345 Mass. 89, 185 N.E.2d 739, cert. den. 374 U.S. 839, 83 S.Ct. 1891, 10 L.Ed.2d 1060; State v. Paige, 272 N.C. 417, 158 S.E.2d 522; see cases cited 12 A.L.R.3d at 981.) State courts adopting a contrary view concluded that to permit a more severe punishme......
  • Request a trial to view additional results

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