Nature of the Case
To access this section all you need to do is click here and register.
Facts
Ds decided to rob a store: James Tyrone Woodson and Luby Waxton, Leonard Tucker, and Johnnie Lee Carroll. Tucker and Carroll testified for the prosecution after having been permitted to plead guilty to lesser offenses; Woodson and Waxton testified in their own defense. The four had been discussing a possible robbery for some time. On the fatal day, Woodson had been drinking heavily. About 9:30 p.m., Waxton, and Tucker came to the trailer where Woodson was staying. When Woodson came out of the trailer, Waxton struck him in the face and threatened to kill him in an effort to make him sober up and come along on the robbery. The three proceeded to Waxton's trailer where they met Carroll. Waxton armed himself with a nickel-plated derringer, and Tucker handed Woodson a rifle. The four then set out by automobile to rob the store. Tucker and Waxton went into the store while Carroll and Woodson remained in the car as lookouts. Tucker purchased a package of cigarettes. Waxton then asked for a package of cigarettes, but as the cashier approached him he pulled the derringer out of his hip pocket and fatally shot her at point-blank range. Waxton then took the money tray from the cash register and gave it to Tucker, who carried it out of the store, pushing past an entering customer as he reached the door. After he was outside, Tucker heard a second shot from inside the store, and shortly thereafter Waxton emerged, carrying a handful of paper money. Tucker and Waxton got in the car and the four drove away. Waxton claimed that he never had a gun and that Tucker had shot both the cashier and the customer. Woodson maintained he had been coerced by Waxton, that he was therefore innocent, and that he would not consider pleading guilty to any offense. Ds were found guilty on all charges and sentenced to death as required by the statute. The Supreme Court of North Carolina affirmed. Ds appealed.
Support@ bsmsphd.com
Casebriefs Co