Opinion
No. 725SC755
Filed 20 December 1972
Criminal Law 106 — corroboration of confession — proof of corpus delicti Though the State is required to establish the commission of a crime, the corpus delicti, by evidence apart from, or aliunde, the confession, there is no requirement that defendant be connected with the commission of the crime, the corpus delicti, in addition to, apart from, or aliunde, the connection contained in his confession.
APPEAL by defendant from Wells, Judge, 17 July 1972 Session of Superior Court held in NEW HANOVER County.
Attorney General Morgan, by Associate Attorney Byrd, for the State.
Charles E. Rice III for the defendant.
Defendant was charged in a warrant with larceny of property of a value of less than $200.00, a misdemeanor. He was found guilty in District Court and appealed. Upon trial de novo by jury in Superior Court he was found guilty and judgment of confinement was entered. Defendant appealed.
The facts necessary for an understanding of this appeal are set out in the opinion.
The State's evidence tended to show the following: On 8 December 1971 a ten-wheel truck with storage bins around the bed was stored for the night within a fence enclosure. The individual storage bins on the truck were locked and the gate through the fence was locked. The truck and the equipment stored thereon were the property of Harrison-Wright Company. During the night of 8 December 1971 two of the storage bins on the truck were broken into and tools valued at $179.00 were taken. On 19 December 1971 defendant conferred to climbing over the fence, breaking into the two storage bins, and taking the tools. Defendant admitted disposing of the tools by sales to persons unknown. Defendant offered no evidence.
Defendant admits that the commission of the crime, the corpus delicti, was established by evidence aliunde the confession by defendant. He also admits that defendant duly confessed that he committed the crime. However, defendant argues that he is entitled to a nonsuit because the State failed to connect defendant with the corpus delicti by evidence apart from defendant's confession. Defendant cites State v. Thomas, 241 N.C. 337, 85 S.E.2d 300, and State v. Whittemore, 255 N.C. 583, 122 S.E.2d 396, in support of his argument.
Defendant has completely misread the cases he cited. Both Thomas and Whittemore hold that an extrajudicial confession standing alone is not sufficient to warrant a conviction; the State is required to establish the commission of a crime, the corpus delicti, by evidence apart from, or aliunde, the confession. They also hold that full, direct, and positive evidence of the corpus delicti is not indispensable. There is no requirement that defendant be connected with the commission of the crime, the corpus delicti, in addition to, apart from, or aliunde, the connection contained in his confession. See State v. Macon, 6 N.C. App. 245, 170 S.E.2d 144.
No error.
Chief Judge MALLARD and Judge BRITT concur.