State v. Roberson

• Decision Date: 07 April 1909
• Citation: 64 S.E. 182,150 N.C. 837
• Parties: STATE v. ROBERSON.
• Court: North Carolina Supreme Court

64 S.E. 182

150 N.C. 837

STATE v. ROBERSON.

Supreme Court of North Carolina

April 7, 1909

Appeal from Superior Court, Martin County; W. R. Allen, Judge.

Robert Roberson was convicted of murder in the first degree, and appeals. No error.

Walker and Hoke, JJ., dissenting.

An instruction "that killing with a deadly weapon raises a presumption of malice" is not subject to the objection that the jury might have understood that such killing "raised the presumption of murder in the first degree."-- Wheeler Martin and Winston & Everett for appellant.

Attorney General Bickett, for the State.

BROWN J.

1. The most important contention made by the prisoner upon this appeal is that there is no evidence of a premeditated and deliberate homicide. The prisoner having admitted that he slew the deceased with a pistol, the law presumes malice, but nevertheless places the burden on the state to fully satisfy the jury that it was deliberately and premeditatedly done, to justify a conviction of murder in the first degree. The state examined several witnesses, whose testimony, set out fully in the record, tends strongly to prove that the prisoner and Will Roberson had been employed by deceased, and that there was a dispute about their wages, which had greatly incensed prisoner. On the day of the homicide prisoner armed himself with a pistol, and threatened that, unless the deceased paid him his money, he was going to give him trouble about it that he had the pistol in his bosom while at the shop of one Moore, and there made threats against deceased that, if he did not pay him, he would give him trouble; that he took the the pistol from his bosom and started from Moore's place towards the butcher shop of deceased near by. The butcher shop has a lattice window, which was raised. Deceased was inside, leaning on the butcher's block. Prisoner fired at him three times from the outside of the market house, and then ran. The evidence tends to prove that deceased was unarmed, that a small knife was on the block, and a hatchet under the counter, but that deceased had hold of neither. The only witness examined for the prisoner was the prisoner himself. His evidence makes out a clear case of self-defense. He testifies that he saw Will Roberson come from Whichard's shop, and that Will said, "I have got mine"; that he went to the shop to get his money, and asked deceased for it; that deceased cursed him, and refused to pay him; that the deceased grabbed the hatchet, and endeavored to kill prisoner; and that then prisoner fired on him. We think that the evidence was amply sufficient to justify his honor in submitting the question of premeditation and deliberation to the jury. The prisoner was angry with deceased about the wages he claimed. He had armed himself with a pistol the morning of the homicide, and concealed it in his bosom. He made threats against the deceased that unless he was paid, he would give deceased trouble. Such threats, coupled with the character of the weapon with which the prisoner had armed himself, justify the inference that he meant to kill or do serious bodily harm. He carried the pistol concealed, but took it out at the market house, and fired at the unarmed man from the outside of the structure as deceased was leaning on the block, and repeated his fire until he had shot three times, and then ran. From these facts, supported by abundant evidence, the inference that the shooting was deliberately and purposely done, with intent to kill if the prisoner did not get his money, is well warranted. State v. Hunt, 134 N.C. 684, 47 S.E. 49, State v. Teachey, 138 N.C. 587, 50 S.E. 232, State v. Exum, 138 N.C. 599, 50 S.E. 283, State v. Daniel, 139 N.C. 549, 51 S.E. 858, and State v. Conly, 130 N.C. 683, 41 S.E. 534, are cases somewhat in point. The prisoner was evidently "taking the law in his own hands," and avenging his own wrongs. In this connection we may well quote from an eminent English writer: "Let it be observed that in all possible cases deliberate homicide upon a principle of revenge is murder. No man, under the protection of the law, is to be the avenger of his own wrongs. If they are of such a nature for which the laws of society will give him an adequate remedy, thither he ought to resort, but be they of what nature soever, he ought to bear his lot with patience." Foster's Crown Law, 296.

2. J D. Moore, a witness for the state, testified: "I was sitting in front of my shop when I heard the report of a pistol, and saw the prisoner shoot Whichard three times, and then run." "Just before the shooting the prisoner was sitting down at my stove and talking to me. He said that Whichard (the deceased) owed him some money, and he was going to have it or give Whichard some trouble about it. After a while he got up and went immediately to the market. He took his pistol out of his shirt front and commenced firing. I saw Will Roberson come across the railroad from Wichard's market just before the defendant went there." On cross-examination of this witness the prisoner proposed to show that Will Roberson, who had been at work with the prisoner for Whichard, came from Whichard and held up some money, and said to prisoner, "I got mine." Defendant's counsel stated that the purpose was to show that witness induced defendant to think that Whichard had changed his mind, and was paying off, and that this showed why defendant went to the market. This evidence, on objection by the state, was excluded and defendant excepted. We are of opinion that the rejected evidence tended to throw no light upon the real question at issue, and could not possibly have been of any value to the prisoner had it been admitted, and could not have affected the result. The reason assigned for its competency is that this declaration of Will Roberson conveyed to the prisoner the information that Will Roberson had received his money, and induced the prisoner to go at once to Whichard in order to get his pay, in the belief that he would get it, and thus to disprove any premeditation. The rejected declaration is a circumstance tending to prove only one fact, viz., that the prisoner went to Whichard's market to demand the money he claimed that Whichard owed him, but it failed to throw any light whatever upon the prisoner's purpose in case Whichard still refused to pay him. It was offered solely upon the question of premeditation and upon no other phase of the case, and if it fails to disprove that, then it is worthless for any purpose. An examination of the evidence and contentions of the state and of the prisoner discloses the worthlessness of the rejected declaration. The evidence of the state is very strong, and tends to prove that prisoner armed himself and went to the deceased intending to kill him, or do him bodily harm, only in the event that he did not get his money, that he did not get his money, and that, without any sort of provocation, he shot the deceased, who was unarmed, three times and killed him. The defense of the prisoner is self-defense, and rests entirely upon his own evidence. It is evident that the jury utterly rejected the prisoner's evidence, or else they must have acquitted him. Had they credited his evidence, they could not have done otherwise under the instructions of his honor. It is thus perfectly plain that the rejection of the declaration of Will Roberson, "I got mine," did not in the least affect or detract from the prisoner's defense. Did the rejection of it militate in any degree against prisoner upon the question of premeditation? The state did not contend that the prisoner went to the market armed, and with one purpose to kill the deceased in any event, but only in the event that deceased refused to pay him. The deceased did refuse, and the prisoner carried out his previously formed purpose and killed him. ...