16 N.C. App. 546 | N.C. Ct. App. | 1972
Defendant’s first assignment of error is directed to the court’s allowing the State’s motion to consolidate for trial the
“ . . . We hold that, because of the substantial risk that the jury, despite instructions to the contrary, looked to the incriminating extrajudicial statements in determining petitioner’s guilt, admission of Evans’ confession in this joint trial violated petitioner’s right of cross-examination secured by the Confrontation Clause of the Sixth Amendment. We therefore overrule Delli Paoli and reverse.” Id. at 126, 20 L.Ed. 2d at 479, 88 S.Ct. at 1622.
Bruton and Fox are not applicable here. Although neither defendant testified, the evidence with respect to Luckey’s con
During the course of the trial defendant Luckey changed his plea from not guilty to guilty. Defendant moved for mistrial. This motion was denied, and defendant assigns this action of the court as prejudicial error. At the time Luckey changed his plea, three witnesses had testified for the State in the presence of the jury. The voir dire examination of the officer as to the voluntariness of the confessions was being conducted. The jury was, of course, out of the courtroom. The court interrogated Luckey, found that his plea was entirely voluntary, and accepted the plea. The voir dire examination of the officers and defendant continued. During the absence of the jury the court directed that Luckey be taken from the courtroom. When the jury returned, the court advised them that he had removed the case of Freddie Luckey from their consideration. The jury was not informed that Luckey had entered a plea, nor was there anything in the remainder of the trial which would indicate to them that that was the disposition of Luckey’s case. We find no prejudice to defendant, and overrule this assignment of error.
Defendant next contends that the court committed error in admitting into evidence the confession of defendant. In support of this position he simply points out that defendant testified he was mistreated and threatened by the officers, and his confession was not voluntary. The court conducted a lengthy voir dire examination. Evidence given by the officers and evidence given by defendant was in sharp conflict. The court found facts and adjudged that the confession was freely, understandingly and voluntarily given without threat or fear or compulsion. The facts found are supported by competent evidence. “The conflict in the testimony on the voir dire raised a question of credibility of the witnesses, which was for the determination of the trial court. His findings of fact, supported by competent evidence, are conclusive.” (Citations omitted.) State v. Blackmon, 280 N.C. 42, 48, 185 S.E. 2d 123 (1971).
‘“The proof of every crime consists of: (1) proof that the crime charged has been committed by someone; and (2) proof that the defendant is the perpetrator of the crime. The first element is the body of the crime, or the corpus delicti; the second is the proof of defendant’s connection with the crime, i.e., his guilty participation or agency therein.’ Wharton’s Criminal Evidence (12th Ed.), Vol. 2, § 393, p. 130. In North Carolina it is required that ‘ . . . the confession be “corroborated” by independent evidence of the corpus delicti. By this is meant, evidence that the offense charged was committed by someone, not necessarily by the defendant himself. The corroborative evidence need not be direct; it may be circumstantial, and it is sufficient (if) the circumstances are such “as will, when taken in connection with the confession, establish the prisoner’s guilt in the minds of the jury beyond a reasonable doubt.” ’ Stansbury, N.C. Evidence 2d, § 182.”
Here there was evidence that two service stations were entered and merchandise taken therefrom. A witness saw two cars in front of one of the stations and three people carrying merchandise from the building and putting it in the cars. One was a blue car and the other a brown car. Defendant’s confession established that he was driving a tan car and was one of the three people who entered the station and took merchandise therefrom and placed it in his car. This assignment of error is also without merit.
Defendant has been given a fair trial free from prejudicial error.
No error.