{ "id": 8568038, "name": "STATE OF NORTH CAROLINA v. WILLARD WARREN, JR.", "name_abbreviation": "State v. Warren", "decision_date": "1977-03-07", "docket_number": "No. 25", "first_page": "235", "last_page": "243", "citations": [ { "type": "official", "cite": "292 N.C. 235" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "223 S.E. 2d 317", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": -1 }, { "cite": "289 N.C. 551", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8571115 ], "year": 1976, "opinion_index": -1, "case_paths": [ "/nc/289/0551-01" ] }, { "cite": "230 S.E. 2d 518", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "291 N.C. 413", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8558362 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/291/0413-01" ] }, { "cite": "49 L.Ed. 2d 859", "category": "reporters:federal", "reporter": "L. Ed. 2d", "case_ids": [ 6176749 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/us/428/0153-01" ] }, { "cite": "408 U.S. 238", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 1782791 ], "weight": 4, "year": 1972, "opinion_index": 0, "case_paths": [ "/us/408/0238-01" ] }, { "cite": "194 S.E. 2d 822", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "282 N.C. 718", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569216 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/nc/282/0718-01" ] }, { "cite": "428 U.S. 280", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 6177464 ], "weight": 6, "year": 1976, "opinion_index": 0, "case_paths": [ "/us/428/0280-01" ] }, { "cite": "183 S.E. 2d 671", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "279 N.C. 413", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8569338 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/279/0413-01" ] }, { "cite": "226 S.E. 2d 652", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "pin_cites": [ { "page": "669" } ], "opinion_index": 0 }, { "cite": "290 N.C. 383", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8561569 ], "year": 1976, "pin_cites": [ { "page": "407" } ], "opinion_index": 0, "case_paths": [ "/nc/290/0383-01" ] }, { "cite": "6 S.E. 2d 533", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1940, "opinion_index": 0 }, { "cite": "216 N.C. 627", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8611265 ], "year": 1940, "opinion_index": 0, "case_paths": [ "/nc/216/0627-01" ] }, { "cite": "193 S.E. 2d 740", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1973, "opinion_index": 0 }, { "cite": "282 N.C. 572", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8567109 ], "year": 1973, "opinion_index": 0, "case_paths": [ "/nc/282/0572-01" ] }, { "cite": "185 S.E. 2d 156", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1971, "opinion_index": 0 }, { "cite": "280 N.C. 159", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8570252 ], "year": 1971, "opinion_index": 0, "case_paths": [ "/nc/280/0159-01" ] }, { "cite": "210 S.E. 2d 207", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1974, "opinion_index": 0 }, { "cite": "286 N.C. 255", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8565130 ], "year": 1974, "opinion_index": 0, "case_paths": [ "/nc/286/0255-01" ] }, { "cite": "227 S.E. 2d 535", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "290 N.C. 556", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8562763 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/290/0556-01" ] }, { "cite": "228 S.E. 2d 414", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "290 N.C. 702", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564470 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/290/0702-01" ] }, { "cite": "228 S.E. 2d 433", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1976, "opinion_index": 0 }, { "cite": "290 N.C. 755", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8564658 ], "year": 1976, "opinion_index": 0, "case_paths": [ "/nc/290/0755-01" ] }, { "cite": "86 S.Ct. 1936", "category": "reporters:federal", "reporter": "S. Ct.", "year": 1973, "opinion_index": 0 }, { "cite": "16 L.Ed. 2d 1044", "category": "reporters:federal", "reporter": "L. Ed. 2d", "year": 1973, "opinion_index": 0 }, { "cite": "384 U.S. 1020", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 12095046, 12094727, 12094696, 12094666, 12094635, 12094927, 12094770, 12094866, 12094999, 12094651, 12094815 ], "opinion_index": 0, "case_paths": [ "/us/384/1020-11", "/us/384/1020-05", "/us/384/1020-04", "/us/384/1020-03", "/us/384/1020-01", "/us/384/1020-09", "/us/384/1020-06", "/us/384/1020-08", "/us/384/1020-10", "/us/384/1020-02", "/us/384/1020-07" ] }, { "cite": "141 S.E. 2d 506", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1965, "opinion_index": 0 }, { "cite": "264 N.C. 277", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8572632 ], "year": 1965, "opinion_index": 0, "case_paths": [ "/nc/264/0277-01" ] }, { "cite": "164 S.E. 2d 190", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1968, "opinion_index": 0 }, { "cite": "274 N.C. 498", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8560773 ], "year": 1968, "opinion_index": 0, "case_paths": [ "/nc/274/0498-01" ] } ], "analysis": { "cardinality": 876, "char_count": 20277, "ocr_confidence": 0.687, "pagerank": { "raw": 1.1154756185821133e-07, "percentile": 0.5720933923174671 }, "sha256": "a338270e50866866e6f27d6aaad62373cefa9924ca4128a1f4c548c23a621396", "simhash": "1:ab29d007923c9ede", "word_count": 3413 }, "last_updated": "2023-07-14T19:01:08.778506+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE OF NORTH CAROLINA v. WILLARD WARREN, JR." ], "opinions": [ { "text": "COPELAND, Justice.\nUnder his first assignment of error, defendant asserts the court erred in admitting into evidence the knife found on defendant\u2019s person when he was arrested.\nDefendant maintains that the knife seized from him at the time of his arrest was irrelevant to the jury\u2019s consideration of this case because, while the State crime laboratory examination revealed blood stains on the knife, the stains could not definitely be identified as human blood or grouped. Defendant points out that the State\u2019s own expert witness, the pathologist who examined the body, testified that, in his opinion, none of the wounds were stab wounds. Thus, defendant says introduction of the knife served no probative purpose and was calculated to arouse prejudice against him. We disagree.\nIn a criminal case, any circumstance that is calculated to throw light upon the alleged crime is admissible. The weight of circumstantial evidence is for the jury. State v. Sneeden, 274 N.C. 498, 164 S.E. 2d 190 (1968) ; State v. Hamilton, 264 N.C. 277, 141 S.E. 2d 506 (1965), cert. denied, 384 U.S. 1020, 16 L.Ed. 2d 1044, 86 S.Ct. 1936. Any object which has a relevant connection is admissible in evidence. A weapon may be admitted where there is evidence tending to show that it was used in the commission of the crime charged. State v. Sneeden, supra; 1 Stansbury\u2019s N. C. Evidence, \u00a7 118 (Brandis Rev. 1973).\nTwo of the State\u2019s witnesses, Wyatt and Shattles, testified that the defendant told them he and his brother had stabbed the deceased and beaten him with a two by four. Dr. Boat-wright\u2019s testimony revealed the body of the deceased was badly mutilated. Under these circumstances, whether or not this knife, or any knife, was used in connection with the alleged murder was a question for the jury.\nThis assignment of error is without merit and overruled.\nDefendant contends his motion for nonsuit and his motion to set aside the verdict should have been sustained.\nAccording to the evidence, defendant told at least three people of his participation in a murder around 4 February 1975 (to two of these witnesses he indicated that he helped kill the deceased using a knife). In addition, the State\u2019s evidence tended to show: (1) that the deceased and the defendant were both in the vicinity of the bulk plant at around 4:00 p.m. on 4 February 1975; (2) that the deceased failed to report for the evening meal at the rest home, served between 4:00 and 5:00 p.m. (he had never missed before) ; (3) that soon thereafter, the defendant left the vicinity of the bulk plant without the deceased; (4) that the deceased\u2019s body was discovered in the bulk plant, the next day; (5) that when defendant was arrested some three weeks later, he had in his possession a knife bearing blood stains.\nOn a motion for nonsuit, the evidence must be considered in the light most favorable to the State, giving the State the benefit of every reasonable inference to be drawn therefrom. State v. Finney, 290 N.C. 755, 228 S.E. 2d 433 (1976) ; State v. Bowden, 290 N.C. 702, 228 S.E. 2d 414 (1976); State v. Hunter, 290 N.C. 556, 227 S.E. 2d 535 (1976). When this is done, we conclude the motion for nonsuit was properly overruled.\nA motion to set aside the verdict is discretionary and not reviewable on appeal absent an abuse of discretion. State v. Bindley, 286 N.C. 255, 210 S.E. 2d 207 (1974) ; State v. McNeil, 280 N.C. 159, 185 S.E. 2d 156 (1971). We find no abuse in this case in view of the State\u2019s evidence. These assignments are overruled.\nDefendant claims Judge Martin committed error in stating to the jury that the defendant had presented evidence when in fact he had presented none on direct examination.\nAfter recapitulating the State\u2019s evidence, Judge Martin said:\n\u201cThe defendant, members of the jury, on the other hand, has produced evidence tending to show, and what it shows is entirely for you to determine, that no one in this case has taken the stand and testified that they saw the defendant assault Mr. Clark in any way at all; that there were no fingerprints found at the scene of this location which tied the defendant, Warren; that the defendant, Warren, was seen in the home of Mrs. Marcer some time around 4:00 or 4:30 in the afternoon of February the 4th, and that he was taken to his home by Mrs. Mercer\u2019s son; that any statement that might have been made should not be believed by the jury because the witnesses testified that the defendant was a person who drank a lot of wine and whiskey, and that he was given to bragging and talking about things that were not so.\u201d\nIn stating \u201c[t]he defendant . . . has produced evidence,\u201d the trial judge was clearly referring to evidence elicited on cross-examination. Facts favorable to the defendant produced on cross-examination are his evidence. See V Wigmore, Evidence \u00a7 1368. The judge\u2019s instruction was correct, although it might have been clearer. If defendant desired further clarification, he should have asked for it.\nDefendant also complains that this portion of the judge\u2019s charge prejudicially assumed a material fact controverted by his plea of not guilty, that he had made statements acknowledging his guilt. The court\u2019s charge simply instructed that, whether the statements were made or not, if made, they should not be believed because of defendant\u2019s intemperance and tendency to brag. Only by referring to \u201cany statement that might have been made\u201d could the court remind the jury of the testimony elicited on cross-examination supporting this theory of defendant\u2019s innocence.\nJudge Martin was obviously trying to present the evidence in the light most favorable to the defendant, even though defendant had offered no witnesses. The judge gave him the benefit of each favorable fact revealed on cross-examination and defendant was not prejudiced by this recapitulation. The assignment is overruled.\nIn his next assignment of error, defendant contends the trial court erred in failing to instruct the jury regarding his failure to testify.\nAbsent a special request, the trial court is not required to instruct the jury that defendant\u2019s failure to testify creates no presumption against him. State v. Rankin, 282 N.C. 572, 193 S.E. 2d 740 (1973) ; State v. Kelly, 216 N.C. 627, 6 S.E. 2d 533 (1940) ; see 1 Stansbury\u2019s N. C. Evidence, \u00a7 56 (Brandis Rev. 1973).\nFurthermore, the record discloses that at the conclusion of his charge, Judge Martin invited counsel for the State and the defendant to approach the bench and, out of the hearing of the jury, inquired if either had any additions or corrections to the charge. Both counsel answered, \u201cNo.\u201d\nThe assignment of error is meritless and overruled.\nDefendant maintains the trial judge should have submitted the lesser offense of second-degree murder to the jury.\nIn his instruction to the jury, the trial judge restricted their consideration to felony-murder. \u201cIt is a well established rule that when the law and evidence justify the use of the felony-murder rule, then the State is not required to prove premeditation and deliberation, and neither is the court required to submit to the jury second-degree murder or manslaughter unless there is evidence to support it.\u201d State v. Swift, 290 N.C. 383, 407, 226 S.E. 2d 652, 669 (1976) ; accord, State v. Doss, 279 N.C. 413, 183 S.E. 2d 671 (1971).\nDefendant contends the evidence given by State\u2019s witness Verner London was sufficient to require submission of the issue of second-degree murder. London testified that sometime around the date of Clark\u2019s death, defendant told him that he \u201chad killed a man down about the railroad tracks.\u201d Such evidence standing alone is clearly insufficient to require submission of the issue of second-degree murder. All the other evidence in the case pointed to a felony-murder.\nThe assignment of error is overruled.\nFinally, defendant contends Judge Martin committed error in allowing the jury to consider a verdict of first-degree murder and in sentencing the defendant to life imprisonment.\nDefendant argues that at the time of his second, trial in this case, Woodson v. North Carolina, 428 U.S. 280, 49 L.Ed. 2d 944, 96 S.Ct. 2978 (1976) had declared G.S. 14-17 unconstitutional and thus, the crime of first degree murder did not exist. Defendant practically concedes this argument is spurious because Woodson, supra, declared only the death penalty imposed by G.S. 14-17 unconstitutional and the penalty section of that statute was severable. See State v. Talbert, 282 N.C. 718, 194 S.E. 2d 822 (1973).\nDefendant next takes the novel position that Woodson v. North Carolina, supra, did not bring into play Section 7 of Chapter 1201 of the 1973 Session Laws (1974 Sess.) which was enacted in response to Furman v. Georgia, 408 U.S. 238, 33 L.Ed. 2d 346, 92 S.Ct. 2726 (1972). The North Carolina legislature passed Chapter 1201 after Furman, supra, in effect struck down our former law permitting juries unbridled discretion to either grant death or life imprisonment in a capital case. Chapter 1201 instead provided a mandatory death sentence for capital offenses. In its wisdom the General Assembly added Section 7 to Chapter 1201, providing for punishment of life imprisonment \u201cin the event it is determined by the North Carolina Supreme Court or the United States Supreme Court that a sentence of death may not be constitutionally imposed for any capital offense for which the death penalty is provided by this Act. ...\u201d\nDefendant interprets the General Assembly\u2019s language to mean that the alternative punishment, life imprisonment, applies only if the death penalty for first-degree murder is held to be per se unconstitutional. The United States Supreme Court has not so held, Gregg v. Georgia, _ U.S. _ 49 L.Ed. 2d 859, _S.Ct._ (1976), so defendant argues Section 7 of Chapter 1201 is inapplicable and he cannot be sentenced to life imprisonment. This position is untenable. In enacting Section 7, obviously the legislature was concerned that an alternative punishment be provided if the North Carolina death penalty was ever again overturned, regardless of the state of the death penalty generally.\nWhen the United States Supreme Court in Woodson, supra, held that the death penalty provided under Chapter 1201 could not be constitutionally imposed, it triggered the alternative provision for life imprisonment. State v. Cousin, 291 N.C. 413, 230 S.E. 2d 518 (1976). Judge Martin properly allowed the jury to consider a verdict of first-degree murder and, upon conviction, properly sentenced the defendant to life imprisonment.\nThe assignment of error is without merit and overruled.\nBecause of the serious nature of the case, we have examined the record for other errors and have found none.\nThe defendant has again been tried and found guilty of a very brutal murder, and in his second trial we find\nNo error.", "type": "majority", "author": "COPELAND, Justice." } ], "attorneys": [ "Attorney General Rufus L. Edmisten by Assistant Attorney General James Wallacer Jr. for the State.", "Creighton W. Sossomon for defendant appellant." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA v. WILLARD WARREN, JR.\nNo. 25\n(Filed 7 March 1977)\n1. Homicide \u00a7 20\u2014 admissibility of knife\nIn this homicide prosecution, the trial court did not err in admitting a knife seized from defendant because bloodstains on the knife could not be definitely identified as human blood or grouped and the State\u2019s pathologist testified that, in his opinion, none of deceased\u2019s wounds were stab wounds, since two State\u2019s witnesses testified that defendant told them he had stabbed deceased and his brother had beaten deceased with a two by four, the pathologist\u2019s testimony revealed the body of deceased was badly mutilated, and the question of whether the knife was used in connection with the murder was thus a question for the jury.\n2. Homicide \u00a7 21\u2014 first degree murder \u2014 sufficiency of evidence\nThe State\u2019s evidence was sufficient for the jury in a prosecution for first degree murder where it tended to show that defendant told three people of his participation in a murder around 4 February 1975; he told two of the witnesses that he helped to kill the deceased using a knife; deceased and defendant were in the vicinity of an abandoned bulk plant at around 4:00 p.m. on 4 February 1975; soon thereafter defendant left that vicinity without deceased; deceased failed to report for the evening meal at the rest home where he lived; deceased\u2019s body was discovered in the bulk plant the next day; and when defendant was arrested some three weeks later, he had' in his possession a knife bearing bloodstains.\n3. Criminal Law \u00a7 113\u2014 instruction that defendant presented evidence \u2014 absence of direct evidence by defendant\nThe trial court did not err in instructing the jury that defendant \u201chas produced evidence tending to show\u201d when defendant had presented no evidence on direct examination, since facts favorable to defendant produced on cross-examination constituted his evidence.\n4. Criminal Law \u00a7 113\u2014 instructions \u2014 no assumption by court\nThe trial court did not assume that defendant had made statements acknowledging his guilt in instructing the jury that defendant produced evidence tending to show that \u201cany statement that might have been made\u201d should not be believed because of defendant\u2019s excessive drinking and tendency to brag.\n5. Criminal Law \u00a7 116\u2014 failure of defendant to testify \u2014 absence of instructions\nThe trial court did not err in failing to instruct the jury regarding defendant\u2019s failure to testify absent a special request for such an instruction.\n6. Homicide \u00a7 30\u2014 first degree murder \u2014 failure to instruct on second degree murder\nIn this first degree murder prosecution, testimony by a State\u2019s witness that sometime around the date of the victim\u2019s death, defendant told him that he \u201chad killed a man down about the railroad tracks\u201d did not require the court to submit an issue of second degree murder to the jury, and the court did not err in failing to submit such an issue where all the evidence pointed to a felony-murder.\n7. Homicide \u00a7\u00a7 4, 31\u2014 first degree murder \u2014 existence after death penalty held unconstitutional\nThere is no merit in defendant\u2019s contention that at the time of his second trial the crime of first degree murder did not exist because the U. S. Supreme Court had declared G.S. 14-17 unconstitutional in Woodson v. North Carolina, . U.S. (1976) since the Woodson decision declared only the death penalty imposed by G.S. 14-17 unconstitutional, and the penalty section of the statute was severable.\n8. Homicide \u00a7 31\u2014 life imprisonment \u2014 provision triggered when death penalty held unconstitutional\nWhen the U. S. Supreme Court in Woodson v. North Carolina, . U.S. (1976) held that the mandatory death penalty provided under Chapter 1201 of the 1973 Session Laws (1974 Sess.) could not be constitutionally imposed for first degree murder, the alternative provision for life imprisonment set forth in Section 7 of Chapter 1201 was triggered, notwithstanding the death penalty for first degree murder was not held per se unconstitutional.\nAppeal by defendant pursuant to G.S. 7A-27 (a) from Martin, Harry C., J., at the 12 July 1976 Session of Haywood Superior Court.\nOn an indictment, proper in form, defendant was charged with the first-degree murder of Leo Jack Clark. The jury found defendant guilty as charged and a sentence of life imprisonment was imposed.\nThis is the second appeal in this case. We granted defendant a new trial in State v. Warren, 289 N.C. 551, 223 S.E. 2d 317 (1976).\nThe State offered evidence tending to show the following: Leo Jack Clark was a resident of a rest home in Waynesville, North Carolina. On 4 February 1975, Clark ate lunch at the rest home and then left for town with about $18.00 in his possession. When he failed to return for the evening meal, normally served between 4:00 and 5:00 p.m., Mary L. Caldwell, the operator of the rest home, notified the police. Clark\u2019s body was found on 5 February 1975 inside the abandoned Pure Oil bulk plant near the railroad tracks in Waynesville. The floor of the building was littered with debris, papers, and dirt, and there was blood on the littered paper and the wall. The victim\u2019s wallet, found lying beside his body, was empty.\nDr. Robert S. Boatwright, an expert in pathology, examined the body and found numerous injuries upon the face of the deceased, including a deep abrasion on the upper left forehead, a tom left ear with exposed cartilage, a one-inch wound over the left eyebrow and a long abrasion over the left jaw which extended into the mouth, and a broken jawbone. There was internal hemorrhaging beneath the skull, multiple rib fractures, punctured lungs, ruptured liver, broken right wrist, broken left hand and leg. The doctor gave his opinion that the cause of death was multiple injuries. More specifically, he felt that either injuries to the side of the head and the brain, fractured ribs, ruptured liver or the shock from the combined trauma were all sufficient to cause death. He further stated that in his opinion the wounds about the head and face were caused by a blunt instrument, rather than a sharp instrument. He found no wounds that he could characterize as stab wounds, either on the face or the thoracic area of the body.\nFurther evidence for the State tended to show that the deceased had been seen by Kathy Trammell, an employee of the rest home, between 4:00 and 4:30 p.m. on 4 February approximately 200 to 300 yards from the bulk plant, walking in the direction of the rest home. Barbara Mercer saw the defendant talking to Reeves Webb on the street the same afternoon. Later, defendant, his brother, and Reeves Webb came to Barbara Mercer\u2019s house and drank some wine. Verlin Stewart saw defendant in the area of the bulk plant with an unidentified person between 4:00 and 4:30 p.m.\nReeves Webb testified that he met defendant, defendant\u2019s brother and the deceased near the railroad tracks on the afternoon of 4 February. Reeves left to get more wine from the A & P Store nearby. When Webb returned with the wine, he met defendant and his brother on the street near the Mercer house, but Clark was not with them. The three went into the Mercer house and drank some wine.\nVemer Frank London, who was not a witness at the first trial, testified that on the morning of 5 February 1975, he was in a beer joint in Waynesville and recalled the defendant coming in and sitting beside him. Defendant was intoxicated and said \u201che had killed a man down about the railroad tracks.\u201d\nRonald R. Shattles, who also was not a witness at the first trial, testified that on 25 February 1975, he was in the Haywood County Jail charged with several counts of forgery. He occupied a cell in common with the defendant and others, including Curtis Wyatt. The subject of Jack Clark\u2019s death came up and someone asked the defendant \u201cif he had done it.\u201d Defendant said in Shattles\u2019 presence that he and his brother had been drinking in a shed together with Reeves Webb and the deceased; that they sent Reeves Webb for more wine; that after he left, defendant and his brother decided to rob the deceased; that in the course of the robbery defendant\u2019s brother beat Clark with a two by four and that he, defendant, stabbed the deceased twice; that \u201cit sounded like air coming out of a car tire\u201d; that they took $18.34 from the deceased and wiped their hands on papers in the shed.\nCurtis Boyd Wyatt was incarcerated in the Haywood County Jail on 25 February on a breaking and entering charge. While in jail, he was placed in a cell with the defendant, Shattles, and others. Defendant told Wyatt that he and his brother met Webb and \u201cthis old man\u201d on a railroad track and drank wine with them until the wine ran out. They sent Reeves to get some more wine with a dollar that the old man gave them. While Reeves was gone, defendant and his brother decided to rob the old man. When he put up a scuffle, d\u00e9fendant\u2019s brother struck the deceased with a two by four and defendant stabbed him with a knife. Defendant said they got $18.34 or $18.36 from him. After that the defendant cleaned himself off with papers and went out to the street to meet Reeves before he returned with the wine. They met Reeves across from the Mercer house and went inside to drink the wine.\nDefendant offered no evidence.\nOther facts necessary to the decision will be discussed in the opinion.\nAttorney General Rufus L. Edmisten by Assistant Attorney General James Wallacer Jr. for the State.\nCreighton W. Sossomon for defendant appellant." }, "file_name": "0235-01", "first_page_order": 255, "last_page_order": 263 }