STATE V. ENGLISH
201 N.C. 295, 159 S.E. 318 (1931)
NATURE OF THE CASE: English (D) sought review of a judgment from the trial court, which
entered a jury's verdict convicting D of murder in the second degree, and sentenced him to a
term of imprisonment of not less than 20 years and not more than 30 years.
FACTS: English (D) was charged with the murder of his wife. D offered evidence tending to
show that on Sunday, the day after the murder, a negro by the name of Dave Locke, was
arrested in Wilmington, and this negro, in the presence of three Wilmington officers,
admitted that he killed Berta English 'and described the house, the conditions of the body
and the entire condition of the woman' as she was afterwards found. This negro also stated
that he killed Mrs. English with a fire-poker and tore her bloomers off, and stated that the
fire-poker was bent at one end, and that in the struggle with Mrs. English he lost two
buttons from his overalls, and that he produced these buttons and showed them to the
officers at the time of the confession. The statement of the suspect gave 'a pretty good
description of the house and of the roads about the premises.' The record is not clear, but
apparently the negro was discharged, and has since not been seen about that part of the
country. All of the foregoing evidence was excluded by the court. Thereafter another negro
by the name of Dave Brockington was arrested and charged with the murder of Mrs. English. At
his trial, all evidence regarding Locke's confession was excluded. The court excluded the
evidence on hearsay grounds. The jury convicted D of murder in the second degree. D appeals
the conviction.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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