State v. Watson

• Decision Date: 22 January 1936
• Docket Number: 729.
• Citation: 183 S.E. 286,209 N.C. 229
• Parties: STATE v. WATSON et al.
• Court: North Carolina Supreme Court

183 S.E. 286

209 N.C. 229

STATE v. WATSON et al.

No. 729.

Supreme Court of North Carolina

January 22, 1936

Appeal from Superior Court, Durham County; Small, Judge.

Thomas Watson and J. T. Sanford were convicted of murder in the first degree, and they appeal.

No error.

At the regular 1935 September term of criminal court in Durham county, the defendants, Thomas Watson and J. T. Sanford, were indicted and a true bill found against them for the murder of one Nathan Malone, a colored taxi driver. The defendants were separately arraigned in open court before Judge G. V. Cowper and after first moving to quash the bill of indictment pleaded not guilty. The case was then continued, on motion of defendants, to the special September criminal term. When the case was called the defendants, over their objections, were again separately arraigned before Judge Walter Small. The case was tried before a jury, and each of the defendants was found guilty of murder in the first degree and judgment of death was duly pronounced by the court below "by inhaling lethal gas until they are dead." Defendants excepted to the judgment, assigned error, and appealed to the Supreme Court.

The state offered evidence tending to show the following facts That prior to Monday, August 26, 1935, the defendants, Thomas Watson and J. T. Sanford, together with one Moody Johnson planned to get a taxi to go to Florida. On Monday morning August 26th, the three planned to rob Nathan Malone and take his taxi and use it for the trip. After the plan was completed, but before it was commenced, Moody Johnson withdrew from the plan. About dusk dark the two defendants called the deceased on the telephone, and after he came for the defendants and took them in his taxi, Sanford hit the deceased in the head with a hammer and Watson took the wheel and drove the car on a side road, where a scuffle ensued and Nathan Malone was killed and robbed. Early next morning the deceased's body was discovered. The Durham police immediately became active by use of the local police radio, long distance telephone calls, and announcements over radio stations in Richmond, Raleigh, and Columbia. About 11 o'clock a. m., the next day, the defendants were apprehended in Savannah, Ga., while driving the deceased's taxi. Both confessed that they committed the crime to officers of the law. These confessions were corroborated in every detail.

The charge of the court below covered every aspect of the case, to which no exception was taken. The appellants offered no evidence at the trial. Moody Johnson pleaded guilty to a conspiracy to commit the murder of Nathan Malone. No appeal as to him was taken.

C. W. Hall, of Durham, for appellant Watson.

Allston Stubbs, of Durham, for appellant Sanford.

A. A. F. Seawell, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

CLARKSON Justice.

The defendants contend that the only question involved on this appeal is: ""Where the defendants are charged with first-degree murder and after each has been separately arraigned and pleaded to the bill of indictment following which the cases were continued to the next term of court, is it reversible error to again arraign the defendants when the cases are called for trial at the next term of court?" We think not.

The defendants say: "We are frank to admit that we have been unable to find any authority for our position."

The Constitution of North Carolina, article 1, § 12, is as follows: "No person shall be put to answer any criminal charge, except as hereinafter allowed, but by indictment, presentment or impeachment."

Section 13. "No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful men in open court. The legislature may, however, provide other means of trial for petty...