Guilford County NcArchives Court.....Frank Bohanon, State V. 1906
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 5, 2011, 2:20 pm

Source: N C Reports
Written: 1906

State v. Bohanon

(Filed December 18, 1906)

Jurors - Challenges - Findings of Fact - Homicide - Dying Declarations - 
Confessions

1. An exception to the ruling of the Court as to the competency of a juror is 
without merit where he stated that notwithstanding he had formed and expressed 
an opinion that the defendant is guilty, he was yet satisfied that he could 
decide fairly and impartially as between the State and the defendant, and the 
Court found that he was indifferent, the finding as to indifferency not being 
reviewable.

2. Where a party did not exhaust his peremptory challenges, an objection to a 
juror, who could have been rejected peremptorily, is not available.

3. In an indictment for murder, the statement of the deceased after he was 
shot, that "I do not know what my wife and children will do. I begged Frank 
(defendant) to go along and let me alone," was competent as a dying 
declaration, where deceased said that he was dying and there was other 
sufficient evidence tending to show that he knew he was in extremis and he 
died within hours after the conversation.

4. Evidence of confessions made by the prisoner, after he was arrested was 
competent, where the Court found that no promise was made to induce him to 
make the confessions, and that no threat was used to extort them and there is 
nothing to indicate that they were not entirely voluntary.

5. Where a defendant did not ask for any additional instructions, he cannot 
explain that the Court did not present to the jury his contentions.

Indictment for murder against Frank Bohanon and others, heard by Judge B. F. 
Long and a jury, at the September Special Term, 1906, of the Superior Court of 
Guilford.

The defendant Kiser Crutchfield and Oscar Crutchfield, was indicted for the 
murder of R. E. Beacham, on July 31, 1906. He and Kiser Crutchfield were 
convicted of murder in the first degree, and Oscar Crutchfield was acquitted. 
The defendant, Bohanon, alone appealed.

Robert E. Gilmer, Attorney General, for the State.
G. S. Bradshaw, for the defendant.

NC Supreme Court Justice Walker, J. - After stating the case: We have 
carefully examined the testimony in this case and find it sufficient to 
sustain the conviction of the defendant, though no objection was distinctly 
made that there was no evidence to warrant the verdict...Upon a review of the 
whole record, we conclude that no error was committed by the Court in the 
trial of the case. (see court case for judge's full findings)

No Error

Additional Comments:
In the NC Supreme Court Fall Term 1906

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