State v. Spaulding

219 S.E.2d 178, 288 N.C. 397, 1975 N.C. LEXIS 1007
CourtSupreme Court of North Carolina
DecidedNovember 5, 1975
Docket4
StatusPublished
Cited by69 cases

This text of 219 S.E.2d 178 (State v. Spaulding) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Spaulding, 219 S.E.2d 178, 288 N.C. 397, 1975 N.C. LEXIS 1007 (N.C. 1975).

Opinions

BRANCH, Justice.

Defendants assign as error the ruling of the trial judge allowing the cases to be consolidated for trial. Each defendant contends that his constitutional right of confrontation and cross-examination as guaranteed by the Sixth Amendment to the United States Constitution was violated by the reception of evidence of admissions by one of his codefendants which implicated him in the crime charged which evidence was inadmissible against him.

The trial judge may, in his discretion, order the consolidation for trial of two or more indictments in which the defendants are charged with crimes of the same class when the crimes are so connected in time or place that evidence at trial of one of the indictments will be competent and admissible at the trial of the others. G.S. 15-152; State v. Parker, 271 N.C. 414, 156 S.E. 2d 677; State v. Hamilton, 264 N.C. 277, 141 S.E. 2d 506, cert. denied, 384 U.S. 1020; State v. Morrow, 262 N.C. 592, 138 S.E. 2d 245; State v. White, 256 N.C. 244, 123 S.E. 2d 483. We are advertent to the repeal of G.S. 15-152, effective 1 July 1975. The repealing act is applicable to all criminal proceedings begun on or after that date. N. C. Sess. Laws ch. 1286 (1973). This trial was held before the effective date of this repealing legislation.

Prior to the decision in Bruton v. United States, 391 U.S. 123, 20 L.Ed. 2d 476, 88 S.Ct. 1620, the general rule was that the admission of extrajudicial confessions of one codefendant, even though it implicated another against whom it was inadmissible, was proper when the trial judge instructed the jury that the evidence was admitted only against the defendant making the confession and must not be considered by the jury in any manner in determining the charge against his codefend-[403]*403ant(s). State v. Lynch, 266 N.C. 584, 146 S.E. 2d 677; State v. Taborn, 268 N.C. 445, 150 S.E. 2d 779; State v. Arnold, 258 N.C. 563, 129 S.E. 2d 229, rev’d on other grounds, 376 U.S. 773, 12 L.Ed. 2d 77, 84 S.Ct. 1032. The decision in Bruton complicated joint trials. The essence of the holding in Bruton is that the admission of a confession implicating a codefendant violates the non-confessing defendant's Sixth Amendment rights of confrontation and cross-examination unless the confessor takes the stand so as to be subjected to cross-examination.

The landmark North Carolina case interpreting Bruton is State v. Fox, 274 N.C. 277, 163 S.E. 2d 492. There Justice Sharp (now Chief Justice) speaking for the Court stated:

... [I]n joint trials of defendants it is necessary to exclude extrajudicial confessions unless all portions which implicate defendants other than the declarant can be deleted without prejudice either to the State or the declarant. If such deletion is not possible, the State must choose between relinquishing the confession or trying the defendants separately. The foregoing pronouncement presupposes (1) that the confession is inadmissible as to the codefendant (see State v. Bryant, supra), and (2) that the declarant will not take the stand. If the declarant can be cross-examined, a codefendant has been accorded his right to confrontation. See State v. Kerley, supra at 160, 97 S.E. 2d at 879.

Accord: State v. Parrish, 275 N.C. 69, 165 S.E. 2d 230; State v. Williams, 275 N.C. 77, 165 S.E. 2d 481; State v. Conrad, 275 N.C. 342, 168 S.E. 2d 39. We note parenthetically that the majority of our cases interpreting the Bruton rule refer to in-custody confessions; however, the rule as stated in Bruton and Fox applies with equal force to admissions by a defendant which implicate another against whom the evidence is inadmissible. State v. Jones, 280 N.C. 322, 185 S.E. 2d 858; Bruton v. U.S., supra; 2 Stansbury’s N. C. Evidence, § 182, pp. 62-63 (Brandis Rev. 1973).

Obviously some of the statements challenged by defendants offend the Bruton rule and constitute prejudicial error unless the statements are competent against the nondeclarants or unless the total evidence is so overwhelming that the erroneous admission is harmless beyond a reasonable doubt. State v. Davis and State v. Fish, 284 N.C. 701, 202 S.E. 2d 770.

[404]*404In order to avoid repetition as we consider each respective defendant’s contentions under this assignment of error, we summarize the portions of the record containing admitted evidence which defendants contend violated their constitutional rights of confrontation and cross-examination:

■ Subsection A: In the early portion of the testimony of the witness Sarakby, he related that in the presence of James Cobb and the witness that defendant Walters said, “We are going to get him, that so and so. We are going to get that Son of a Bitch.” Whereupon Walters put a knife in his pants and left. Cobb then put a knife in his shirt and said, “I won’t let him go alone. Stay there. Don’t go anywhere.” Only Cobb and Walters were present when these statements were made to Sarakby.

Subsection B: The solicitor inquired whether Walters or Cobb had told the witness why they were going to get James Griffiths. The witness responded that Walters had told him that James Griffiths had “told the man about the robbery they had on the week before.” The record does, not disclose whether anyone was present other than the witness and Walters on this occasion.

Subsection C: Walters stated to Sarakby “I want you to do me a favor and to do Joe Cobb a favor ... we don’t want you talking to no blacks whatsoever.” The record does not show that anyone was present at this time except the witness and Walters; however, shortly thereafter the same admonition was repeated by Walters in the presence of Cobb who did not comment.

Subsection D: The witness Sarakby testified that Cobb, covered with blood, walked quickly back to the dormitory and at that time the witness asked Cobb what happened. Cobb replied, “We got him, he is dead, we killed him.” The witness inquired “Where was it?” and Cobb replied “In the library.” At the same time, Cobb asked the witness Sarakby to go help Walters. No one was present at this time except Cobb and the witness.

Subsection E: The witness Sarakby further testified:

After headcount Buckwheat [Walters], Joe Lee Cobb, Cardell Spaulding and me went to the game room and sat at the same table. There were more guys with us. Billy Spaulding told Joe Cobb, “Joe, we.got him, he is dead, we [405]*405have killed him, so we ain’t got to worry about his talking, ain’t nobody going to talk.”
Q. All right, go ahead.
A. At this time, I turned around and asked Walter Vernon [Walters], who was sitting to my right, if Billy Spaulding had anything to do with the murder. He said, “Yes, he had, just don’t say anything about it, you know, we are not supposed to tell anybody about it.”
Q. What else did he say?
A. He just said that Billy Spaulding — Billy Spauld-ing was sitting on my left and he was talking to some other guys sitting at the table over there. He said, “Keep your mouth shut, you ain’t seen nothing and you ain’t heard nothing.

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Bluebook (online)
219 S.E.2d 178, 288 N.C. 397, 1975 N.C. LEXIS 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spaulding-nc-1975.