Wade v. State
| Decision Date | 08 May 1943 |
| Docket Number | 14497. |
| Citation | 25 S.E.2d 712,195 Ga. 870 |
| Parties | WADE v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
The defendant was convicted of arson in the capital form, and his assignments of error are on the general grounds only. The evidence supported the verdict, and the judge did not err in refusing to grant a new trial.
W D. Aultman, of Byron, for plaintiff in error.
Chas H. Garrett, Sol. Gen., of Macon, and T. Grady Head, Atty Gen., and L. C. Groves, Asst. Atty. Gen., for defendant in error.
Nelson Wade and J. E. Wade, Jr., were jointly indicted for the offense of arson in the capital form. Upon a separate trial Nelson Wade was found guilty, with recommendation of mercy. His motion for new trial was overruled, and he excepted, assigning error on the general grounds only.
The evidence at the trial developed that E. J. Stembridge and H. L. Justice owned and operated a place of business known as 'The Blue Top' located in Crawford County on State Highway No. 22 between Roberta and Macon, and at night their employee, Rufus L. Dent, a young man about seventeen years of age, slept in a room in the rear of the building provided for that purpose. The building was a frame structure, housing a grocery store, dance-hall, the room used for living quarters, an office, and the rest-rooms. Rufus L. Dent carried keys to all the doors in the building. He owned an automobile which on the night in question, as was usual and customary, was parked by the window of his bedroom. On the morning of November 26, 1941, the building was destroyed by fire, producing the death of Rufus L. Dent. The charred remains of his body were found in the front of the building just inside the dance-hall indicating that he had left his bedroom before he succumbed. His keys were found in the living quarters, and part of a wrist watch, identified as being similar to a part of the watch he owned and was wearing just before the fire was discovered in the springs of his bed. Charlie Bloodworth, a cousin of Dent, had been with Dent at the Blue Top until ten-thirty o'clock on the night of the 25th, at which time Dent turned out the lights, closed and locked the doors to the store; and the two then rode in Dent's automobile to Roberts, a distance of six miles. Returning they passed by the Blue Top, going to Bloodworth's home, located two miles beyond the Blue Top. Bloodworth got out of the automobile at eleven-thirty o'clock. When they left the store the fire was completely out in the heater, and there was no fire burning in the building. Before closing, however, Dent checked his money, put it in a cigar-box and placed it behind the counter. After the building burned, about $38 in silver coins were found at that location. Lamar Potts, of Macon, testified that he and Roy Black, also of Macon, shortly after midnight passed the Blue Top and discovered the fire, that it had just begun to burn through the roof at the rear center of the building, and the building was full of smoke. Potts heard no movement or scramble in the building. He tried to get in the front door, but it was locked, and he could not raise the window on the front. He drove Dent's automobile, which was parked beside the window on the Roberta side, across the highway, and notified a negro in the neighborhood, who stated that a boy was supposed to be in there.
J. E. Wade, Jr., the codefendant and accomplice, (who at the time of the trial, had already been tried, found guilty with recommendation of mercy, and was serving his sentence at the State penitentiary), testified that he was a second cousin and brother-in-law of Nelson Wade, he having married Nelson's sister. Nelson lived with his grandfather in Peach County, and J. E. Wade, Jr., and his wife lived in his father's home, which was located about a mile and half from the Blue Top and about a mile from the highway. Nelson Wade had come to his house for a visit on Monday before the fire on Tuesday night. J. E. Wade, Jr., suggested to Nelson, about nine o'clock Tuesday night, that the Blue Top should be burned, and asked him if that was the thing to do. Nelson agreeing, they siphoned a quart of gasoline out of the automobile and put it in a quart fruit-jar. At the suggestion of Nelson, J. E., Jr., procured his father's pistol, loaded it and put it in his pocket, and gave Nelson some whisky from a jug which was hidden in the field near the house, in the broom-sedge. Proceeding to the highway, they built a fire near the road a short distance from and within sight of the Blue Top; and while waiting there, Rufus Dent passed by, going west toward Roberta. They were still waiting when Dent returned and passed on by the Blue Top. J. E., Jr., did not see Rufus Dent when he came back, but stated that Nelson said it was his car going in at the Blue Top; whereupon J. E., Jr., remarked, 'If it was a car going in there it was Rufus, and he would be asleep there, and if we set fire to the place he would burn up.' Nelson said, 'Burn the son of a bitch up; he ought not to be in there'; J. E., Jr., then asked, 'Why did he [Nelson] want to do that for,' and Nelson said Rufus used to fight him when he went to school, and that Rufus used to whip him. J. E., Jr., further testified that he and Nelson went up to the right front corner of the building where Nelson gave him the gas. They struck matches, looking for a good place to put the fire. J. E., Jr., got some wood, placed it under the building, taking the gas from Nelson, who stated he would go to the other corner of the building on the Roberta side and watch, at the same time telling J. E., Jr., to set it on fire at the back. After Nelson had gone to watch, J. E., Jr., went to the rear of the building, poured the gas on the room where a door was open (evidently the rest-room) and set a match to it, walked to the road where he saw Nelson going down the highway about 150 feet, walking fast but not running. J. E., Jr., followed Nelson home, where he found him in bed. Nelson never stated to J. E., Jr., that he did not desire to participate in the burning, and never intimated any intention to withdraw from the venture, and never requested J. E., Jr., to desist. Nelson requested J. E., Jr., to furnish him with a pair of his shoes, which Nelson wore on the trip, refusing to wear his own. J. E. Wade, Jr., was twenty years of age; and Nelson was about sixteen years of age. J. E., Jr., testified that he originally told Sheriff O'Neal that Nelson had nothing to do with the fire, and assumed all the responsibility, but that was a lie, and that Nelson was an active aide and participant. He stated further that he knew Rufus Dent was in the building when he set it on fire, but thought he would get out.
Two written statements made under oath by Nelson Wade were introduced by the State; one dated December 3, 1941, and the other December 6, 1941. These statements were made voluntarily and without promise of reward; and the events recited therein leading up to the burning of the building are substantially in accord with the testimony of J. E., Wade Jr., except that Nelson attempted to exonerate himself of active participation in the planning and actual burning of the building, stating that he left the Blue Top before the fire was applied to the building by J. E. Wade, Jr. He stated that he saw Rufus Dent park his car by the window to his bedroom, and knew that he was in the building. Leroy Griffin of Macon, Georgia, testified: ...
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