State v. Mathis

221 A.2d 529 (1966)

Facts

Mathis (D) was convicted of first-degree murder and was sentenced to death. The victim was Stanley Caswell who ran an insurance debit route. On February 12, 1965, D was at his father's house at 6:00 P.M. when Caswell stopped by for his insurance business. Moments later, one occupant heard two reports, like those of a firecracker. James Faines also lived nearby and testified that he and a friend were working on cars when he saw D pushing a man into the back seat of a Renault which belonged to Caswell and that when Faines looked into the car he saw it was the insurance man and blood was coming from his mouth and D struck Faines and told him to get away from here. The car was then driven a short distance to a wooded area, further shots were fired, and then the car was set afire. The charred body of the deceased was found. The cause of death was due to four shots fired from a .22 caliber gun. More testimony from events later in the day indicated that D tried to sell a small caliber gun and a box of shells. At trial, D admitted to being at his father's home that day but denied knowledge of the events nor did he see Caswell or the red Renault. During trial evidence about the deceased's effects was entered and that no gold was found on the charred body and those items were missing from the crime scene. D was cross-examined as to his financial affairs, and the court disallowed the evidence unless the State could show that things were stolen and that thereafter D was affluent. The prosecutor tried to get financial evidence in by claiming that he was directing his inquiry solely at the credibility of D in stating he never saw the insurance man when he had worked with his father at home. The state then tried to prove that D was never at his father's residence and that his financial needs must have been met in some other way.