{
  "id": 8625337,
  "name": "STATE v. TOM JOHNSON, Alias JOHNNY JOHNSON, PRESTON HOWARD, and JOHNNY HART",
  "name_abbreviation": "State v. Johnson",
  "decision_date": "1934-10-31",
  "docket_number": "",
  "first_page": "273",
  "last_page": "275",
  "citations": [
    {
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      "cite": "207 N.C. 273"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
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    "name_long": "North Carolina",
    "name": "N.C."
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      "category": "reporters:state_regional",
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    {
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    {
      "cite": "189 N. C., 565",
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    {
      "cite": "186 N. C., 582",
      "category": "reporters:state",
      "reporter": "N.C.",
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  "analysis": {
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  "last_updated": "2023-07-14T19:17:31.653514+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. TOM JOHNSON, Alias JOHNNY JOHNSON, PRESTON HOWARD, and JOHNNY HART."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nTwo expressions used by the court in charging the jury are characterized by the defendants as violative of C. S., 564. They are: (I) \u201cAll the evidence tends to show a homicide committed in the perpetration of a robbery\u201d; and (2) the State has offered evidence \u201cwhich it contends tends to show, and which should satisfy you, gentlemen, beyond a reasonable doubt,\u201d etc. It would be \u201csticking in tbe bark\u201d to say that these expressions were hurtful to the defendants, or that they contravened the provisions of the statute. S. v. Hart, 186 N. C., 582, 120 S. E., 345.\nFurthermore, an erroneous statement of the evidence (S. v. Sinodis, 189 N. C., 565, 127 S. E., 601), or of the contentions of the parties (S. v. Bittings, 206 N. C., 798), if deemed material, should be called to the attention of the court, at some appropriate time before the case is given to the jury, so that he may have an opportunity to correct it. S. v. Lea, 203 N. C., 13, 164 S. E., 737. Otherwise, an exception based thereon is unavailing on appeal. No such complaint was made in the instant case until after verdict.\nThe record is free from reversible error; hence the verdict and judgments must be upheld. \u25a0\nNo error.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Attorney-General Brummitt and, Assistant Attorney-General Seawell for the State.",
      "J. D. Johnson, Jr., for defendant Johnson.",
      "A. B. Grumpier for defendant Howard.",
      "H. P. Johnson for defendant Hart."
    ],
    "corrections": "",
    "head_matter": "STATE v. TOM JOHNSON, Alias JOHNNY JOHNSON, PRESTON HOWARD, and JOHNNY HART.\n(Filed 31 October, 1934.)\n1. Criminal Daw I g \u2014 Charge in this case held not to contain expression of opinion by court inhibited by C. S., 564.\nIn this prosecution for murder all the evidence tended to show that deceased was killed in the perpetration of a robbery. The trial court instructed the jury \u201call the evidence tends to show a homicide committed in the perpetration of a robbery,\u201d and that the State has offered evidence \u201cwhich, it contends, tends to show, and which should satisfy you, gentlemen, beyond a reasonable doubt,\u201d etc.: Held, the charge will not be held for error on defendant\u2019s exception on the ground that it contained an expression of opinion by the court in violation of C. S., 564.\n2. Same\u2014\nError of the court in stating the evidence or in stating the contentions of a party must be brought to the court\u2019s attention in apt time to afford correction or an exception based thereon is unavailing upon appeal.\nAppeal by defendants from Frizzelle, J., at February Term, 1934, of SAMPSON.\nCriminal prosecution, tried upon indictment charging the defendants with the murder of one Howard Jernigan.\nTbe following statement of the ease is taken from defendant\u2019s brief:\n\u201cThe four defendants, Tom Johnson, alias Johnny Johnson, Preston Howard, Johnny Hart and Eugene Hines, were tried upon a bill of indictment charging them with murder in the first degree in connection with the killing of Howard Jernigan, Sampson County filling station operator. At the conclusion of all of the evidence, the defendant Eugene Hines, through his counsel, tendered a plea of guilty of accessory before and after the fact, which plea was accepted by the State, and this defendant was sentenced to life imprisonment in the State\u2019s Prison. A verdict of guilty of murder in the first degree was returned against the other three defendants, Tom Johnson, alias Johnny Johnson, Preston Howard, and Johnny Hart, each of whom appealed from the judgment and sentence of death.\n\u201cAt about 9 :30 o\u2019clock on the night of 21 December, 1933, the automobile in which the four defendants were riding stopped at the filling station operated by the deceased, Howard Jernigan, who was present at that time with two colored men, Odell McNeal and Raymond Snuggs. The evidence of the State tends to show that just as soon as the operator of the station finished servicing the defendant\u2019s automobile with gas and oil, he was shot and killed by one of the defendants; that thereafter the defendants robbed and pillaged the filling station, held up the two colored men who were there, and also the brother of the deceased, who came up in the meantime, and made their get-away, later being apprehended in South Carolina and Florida.\n\u201cMuch of the State\u2019s evidence tends to show that the deceased was killed by one of the defendants in the perpetration of a robbery, in which the other defendants (all of whom were present) either conspired or aided and abetted. The court, being of the opinion that no reasonable inference of a lower degree of unlawful homicide could be drawn from the evidence, charged the jury only as to murder in the first degree.\u201d\nThe only assignments of error relate to alleged expressions of opinion by the court in charging the jury.\nAttorney-General Brummitt and, Assistant Attorney-General Seawell for the State.\nJ. D. Johnson, Jr., for defendant Johnson.\nA. B. Grumpier for defendant Howard.\nH. P. Johnson for defendant Hart."
  },
  "file_name": "0273-01",
  "first_page_order": 341,
  "last_page_order": 343
}