State v. Swinson

• Decision Date: 03 October 1928
• Docket Number: 202.
• Citation: 144 S.E. 555,196 N.C. 100
• Parties: STATE v. SWINSON.
• Court: North Carolina Supreme Court

144 S.E. 555

196 N.C. 100

STATE v. SWINSON.

No. 202.

Supreme Court of North Carolina

October 3, 1928

Appeal from Superior Court, Onslow County; Harris, Judge.

J. G Swinson was convicted under law forbidding obliteration or destruction of books wherein deeds or other instruments are registered, and he appeals. Reversed.

Indictment containing three counts, each charging a violation by defendant and another of provisions of C. S. 4255, which are as follows:

"If any person shall steal or for any fraudulent purpose shall take from the register's office, or from any person having the lawful custody thereof, or shall unlawfully and willfully obliterate, injure or destroy any book wherein deeds or other instruments of writing are registered, *** he shall be guilty of a misdemeanor."

The jury found that defendant is guilty, and that his codefendant is not guilty. From judgment on the verdict, defendant appealed to the Supreme Court.

Rouse & Rouse and Shaw & Jones, all of Kinston, and B. C. Beckwith, of Raleigh, for appellant.

Dennis G. Brummitt, Atty. Gen., and Frank Nash Asst. Atty. Gen., for the State.

CONNOR J.

On the trial of this action in the superior court of Onslow county, there was evidence on behalf of the state tending to show that the crime alleged in the indictment was committed by some person; that at some time during the three or four weeks preceding January 16, 1928, some person went into the vault opening into the office of the register of deeds of Onslow county, and cut and removed from Book of Deeds, No. 26, pages 77 and 78; that there was registered on these pages a deed from Bryant Williams to Dr. Charles Duffy. These pages were in their proper place in said book on or about September 1, 1927, when the attorney for the Duffy estate, who testified as a witness for the state, examined said book, and also at some time later during the fall of 1927, when a clerk in the office of the register of deeds examined said book, at the request of defendant, J. G. Swinson, and advised him that the deed from Bryant Williams to Dr. Charles Duffy was registered on said pages 77 and 78 of said book, No. 26. There is no evidence that the defendant had at any time seen the said book. Defendant cannot read.

There was evidence tending to show that defendant, J. G. Swinson, had an interest in the land described in the deed from Bryant Williams to Dr. Charles Duffy. Defendant had purchased said land at a tax sale made by the sheriff to Onslow county, on October 5, 1925, and had taken a deed from said sheriff, for said land. This deed was dated August 3, 1927. The land was listed for taxes in the name of Bryant Williams Estate for the year 1925, subsequent to the date of the deed from Bryant Williams to Dr. Charles Duffy. On or about September 1, 1927, defendant was informed by a letter from the attorney for the Duffy estate of the existence of said deed, and that said deed was registered on pages 77 and 78 of Book No. 26, in the office of the register of deeds of Onslow county. This information was confirmed by the clerk in the office of the register of deeds, who, at the request of defendant, examined said book some time three or four weeks prior to January 16, 1928. The state contends that this evidence shows that defendant, J. G. Swinson, had a motive for destroying pages 77 and 78 of Book No. 26, on which the deed from Bryant Williams to Dr. Charles Duffy was registered.

There was evidence tending to show that defendant lives 15 or 18 miles from Jacksonville, the county seat of Onslow county, at his home in the country; that on Friday, January 13, 1928 defendant went to Jacksonville, and while there called at the office of the register of deeds, and requested permission to go into the vault, which opens into the office, saying that he wished to examine some records. Defendant cannot read, but was accompanied by his stepdaughter about 20 years of age, who can read, and who went into the vault with defendant. The register of deeds remained in his office, which was connected with the vault by a door, during all the time defendant and his stepdaughter were in the vault together. During this time the door was open and the register of deeds could see and did see defendant, as he walked about in the vault. Upon ascertaining that defendant and his stepdaughter were unable to find the record for which they were searching, the register of deeds went into the vault and inquired of defendant what record he wished to find. Defendant replied...