189 S.E. 761 | N.C. | 1937
Criminal prosecution, tried upon indictment charging the defendant, and another, with the murder of one Alvin Middleton.
Verdict: Guilty of murder in the second degree.
Judgment: Imprisonment in State's Prison for a term of ten years.
Defendant appeals. The record discloses that on 5 August, 1936, the deceased was shot and killed by Fred Holland with a gun which belonged to the defendant Moses. The evidence as against the defendant Moses, who alone appeals, is sufficient to convict him as an aider and abettor in the commission of the crime. There was also a count in the bill charging him with being an accessory before the fact. C. S., 4175. Holland admitted the killing, was sentenced to fifteen years in the State's Prison, and has not appealed.
It is well established that when two or more persons aid and abet each other in the commission of a crime, all being present, all are principals and equally guilty. S. v. Triplett, ante, 105; S. v. Gosnell,
While we have examined the record and find no error appearing thereon, the defective affidavit upon which the defendant was allowed to appeal informa pauperis necessitates its dismissal. S. v. Stafford,
We have held that there is no authority for granting an appeal in formapauperis, without proper supporting affidavit, in either a criminal prosecution, S. v. Moore,
It appears that the defendant undertook to cure the defect by amending his affidavit on 8 January, 1937. This was too late, Berwer v. Ins. Co.,
Appeal dismissed.