State v. . Beal
154 S.E. 604 · Supreme Court of North Carolina · 1930
Facts
A strike began on April 1, 1929, at the Manville-Jenkes Company's Loray Mill in Gastonia, North Carolina, led by the local branch of the National Textile Workers Union. After their initial headquarters were demolished, the union established new headquarters on North Loray Street, erecting a hall and tents. Fearing further attacks, the strikers armed themselves with firearms, established a voluntary patrol, and cut holes in the building for firing guns. Defendant Fred Erwin Beal, a union organizer, made speeches advising workers to resist police and mill thugs, and to fight if necessary, even with bloodshed. On the night of June 7, 1929, police officers, including Chief O. F. Aderholt, responded to a call for protection at the union headquarters. An encounter ensued where officers attempted to arrest a guard, leading to shouts of "Shoot them!" followed by multiple gunshots from the direction of the building. Chief Aderholt was mortally wounded, and officers Gilbert and Roach were seriously injured, while another officer and a striker were also wounded.
Procedural history
The defendants were charged by grand jury in Gaston County with murder and felonious secret assault, and the cases were removed to Mecklenburg County for trial. At the August Special Term, a mistrial was declared due to a juror's emotional insanity, and the defendants' motion for discharge was overruled. At the September Special Term, the defendants were again placed on trial, and their plea of former jeopardy was overruled. The State consolidated the indictments and proceeded to trial, resulting in convictions for murder in the second degree, felonious secret assault, and assault with a deadly weapon. The defendants appealed the judgments.
Issue
1. Was there sufficient evidence of conspiracy and other charges to submit the case to the jury? 2. Were the dying declarations of the deceased police chief admissible? 3. Was it permissible to cross-examine a witness about her religious beliefs to affect her credibility? 4. Were the jury instructions regarding the scrutiny of defendant testimony appropriate?
Holding
The court found no reversible error in the trial court's rulings on evidence, procedure, or jury instructions. The verdicts and judgments against the defendants were upheld.
Rule
On a motion to nonsuit, evidence must be considered in the light most favorable to the prosecution, and if any evidence tends to prove the fact in issue, the case should go to the jury. A prima facie case of conspiracy makes acts and declarations of co-conspirators in furtherance of the common design admissible against all. Dying declarations are admissible in homicide cases if made by the deceased while sane, in extremis, and under the conviction of approaching death, concerning the killing or res gestae facts, even if they contain inferences or do not explicitly identify the defendants. The method and duration of cross-examination for impeachment, including questions about a witness's interest or bias, are largely within the trial court's discretion, though inquiry into religious beliefs for credibility is debated. Jury instructions to scrutinize defendant testimony due to their interest are permissible, provided the jury is also instructed to give it the same weight as disinterested testimony if believed.
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