State v. Simons

• Decision Date: 05 May 1920
• Citation: 103 S.E. 5,179 N.C. 700
• Parties: STATE v. SIMONS.
• Court: North Carolina Supreme Court

103 S.E. 5

179 N.C. 700

STATE v. SIMONS.

Supreme Court of North Carolina

May 5, 1920

Petition by one Simons for a writ of certiorari, as a substitute for an appeal, from a judgment sentencing him after a plea of guilty, as accomplice before the fact, to arson. Petition denied.

An indictment charging arson by defendant as principal includes the charge of arson as accessory before the fact, so that a judgment accepting a plea of guilty as accessory under such an indictment and sentencing defendant is legal.

This is a petition for a writ of certiorari as a substitute for an appeal.

A true bill of indictment was returned against the petitioner at April term, 1919, of the superior court of Anson county charging him with the crime of arson.

At the same term of court a true bill was returned against one Jim Reid, charging him in one count with the crime of arson and in another with being accessory before the fact to the crime of arson.

Reid was tried at said term, and the petitioner herein was the principal witness against him, and testified, among other things:

"I was living at Mr. N. P. Liles' place. John McLendon was living on Mr. Tyler Bennett's place. I had a talk here in town with Jim Reid in regard to burning this house. Jim said he wanted to get me to burn it.

The first time I told him I couldn't do anything like that. That was a few days before the 18th, and on the 18th he got after me again down here at this barber shop of Mr. Whit Hagins. He got after me again, and said it would be all right; the house was insured, and Mr. Bennett wouldn't lose anything, and said he would give me $150 if I would burn it. And I burnt the house that night.

When they had the case up before the justice of the peace I voluntarily went up there and told it; didn't have any lawyer. Just went on the stand and told it; I wanted to tell it anyway. Mr. Roark was present. I heard his honor say I need not tell anything against myself. No inducements have been given me, and no promises made me. I don't understand anything about why I am not being tried.

I don't know whether I am interested in this trial or not. I just told the truth is why I am telling it." Reid was convicted on the second count in the indictment, and was sentenced to life imprisonment in the penitentiary, from which judgment he appealed, and the case is reported in 178 N.C. 745, 101 S.E. 104.

At November term, 1919, of said court, the petitioner tendered a plea of guilty of accessory before the fact to the bill of indictment charging him with arson, which plea was accepted by the state, and the petitioner was sentenced to the state's prison for life. No appeal was taken from said judgment and no notice of appeal given.

Appeals from the county of Anson were heard during this term of the Supreme Court, during the week beginning April 13th, and this petition for a certiorari was not filed until April 20, 1920.

The petition is upon the ground that the bill of indictment charging arson does not include the crime of being accessory before the fact to the crime of arson, and that therefore his imprisonment is unlawful.

The petitioner alleges that he is innocent of the crime, and that he swore falsely on the trial of Jim Reid; that Reid did not procure him to burn the house, and that...