Liste der Quellen

Quellen-Verweis NF20707 :

Personen : (Unknown) , Cannon Hannah
The below information is provided by Douglas L. Foster:
I have no proof that Hannah Cannon was a daughter of James Cannon and Sarah Reed. I also do not have proof that she was the mother of Elijah Cannon, Almon Cannon and Margaret Cannon, but she fits my description of their mother. After DNA tests showed that William Cannon and Mary Morgan of the 1820 Hall County, Georgia census were not of the same line of Cannons as my Almon Cannon, I began to look for other sources for my Cannon ancestors. I knew that Almon had grown up in indian territory. I also knew that Margaret Cannon, Almon's sister had 6 or more illegitimate children over a 30 to 40 year period. Margaret gave all of these children the surname "Cannon". Did her mother follow the same practice? The 1800 Census of Pendleton District, SC showed that James Cannon was living in Household 363 and the Orman Morgan family was three households away in Household 366.
http://www.rrauction.com/past_auction_item.cfm?ID=2646358
The above website advertises for a sale a document found in the papers of George Walton, Signer of the Declaration of Independence. The document was Item 253 - George Walton Catalog 211 (Mar 1998) DS, one page, 12.5 x 8, November 4, 1801. A bench warrant summoning Arthur Markum and Hannah Cannon to appear before the Justice of the Peace 'for Adultery and Fornication...to be dealt with as the law directs.' In very good condition with pinholes along the folds, several larger holes slightly affecting the text and moderate overall uneven toning.
The bench warrant was signed by George Walton
Minimum Bid: $400.00
Sold Price: $747.50 (With Buyer's Premium)
The above bench warrant resulted in a trial in Franklin County, Georgia Superior Court. This knowledge prompted the following letter from me to the Georgia Archives.
June 1, 2006
Douglas L. Foster
1675 Colorado Street
Calvert City, KY 42029
(270) 395-5813
dfoster@@apex.net
The Georgia Archives
5800 Jonesboro Road
Morrow, GA 30260
Tel: (678) 364-3700
Dear Archivist,
The following was obtained at your website: http://www.sos.state.ga.us/archives/what_do_we_have/online_indexes/pdi/RG159/159-01-059.htm
GEORGIA DEPARTMENT OF ARCHIVES AND HISTORY, ATLANTA, GEORGIA 30334
WP-O1 PRELIMINARY DESCRIPTIVE INVENTORY
CORPORATE NAME: Franklin County RECORD GROUP: 159
(110a) (035) ___
SUB-UNIT: Superior Court SUB-GROUP: 1
(110b) (035) ___
SERIES: Miscellaneous Original Records, Unbound SERIES: 59
(245) (035) ___
00-1057A 1902-13
1802 (continued)
Miscellaneous lists
State vs Arthur Markham & Hannah Cannon
I would like to have a copy of the papers associated with the highlighted case. Please inform me concerning the procedure. I am enclosing a self addressed and stamped envelope for your reply. Thank you very much.
Sincerely,
Douglas L. Foster
```````````````````````````````````````````````````
I have now received their reply and on June 13, 2006 have ordered the copies .
```````````````````````````````````````````````````
State of Georgia }
Franklin County } The jurors for the County
aforesaid, that is to say: Frederick Stevelee, forman,
John Selman, Joseph Chandler, Clement Wilkins,
William Ramsey, George Cockburn, John Carter,
John Gilbert, William Black, Edward King, Jacob
Burton, James Hargrove, Robert Walters, Xenon
Naylor, Benjamin Allen, William Thomas Upon their
oath present that: Arthur Markum, late of the
County aforesaid, Yoeman, and Hannah Cannon, late
of same place, Spinster, on the first day of October in
the year one thousand eight hundred and one, at the
house of the said Arthur Markum in the County
aforesaid and at divers other times and places both
before and after did live in adultry and fornication
together. The said Arthur Markum in Adultry and
the said Hannah Cannon in Fornication by having
Carnal Knowledge of each other to the evil example of
all others in like cases offending and against the form
(?) and effect of an act of the General Assembly in
such cases made and proved and against the peace
and Dignity of the said State the safety and welfare of
the inhabitants thereof.
P. Alen. Lollyen (?)
April Term 1802
Georgia }
Franklin County } Know all men by these
presents that we Arthur Markam &
James Reed, both of the County & State
aforesaid are held and firmly bound unto
Josiah Tattnall, Jr., Governor and
Commander in Chief of sd State & his
successors in office in the penal sum of
five hundred dollars for which payment
will & truly to be made we bond ourselves
our heirs Etc firmly by these presents.
The Condition of the above obligation is
such that if the above Bonded Arthur
Markham do in his own proper person
appear at the next Superior Court to be
held in & for sd County on the second
Monday of this Instant then & there to
abide the sentence of sd Court on account
of adultry & fornication, then the above
obligation to be paid otherwise to be &
remain in full force & virtue in Law.
Given
under our hands & seals this
fifth day
of April 1802
Fred k Beall J.P. ArthurMarkham
James Reed
NOTE: Was James Reed possibly a brother of Hannah Cannon's mother, Sarah Reed?
```````````````````````````````````````````````````````````
On Jun 8, 1803, CLAIBORNE County, TN, Court Minutes, Book 1, Page 136 an Arthur Markum was involved in a law suit.
"Isaac YOKUM
&
Marthy YOKUM
vs.
Arthur MARKUM
George HOVER

Quellen-Verweis NF20724 :

Personen : Branch John Willis, Cannon Ann M.
The children who went to Texas that were sons of John Willis Branch state that their mother was Eliza Jane Cannon, and that they were born in Wake County, NC. They also state that Eliza was b. ca 1825. There was an Eliza Cannon living in Tallapoosa County, AL in 1860 in the household of a Mary Cannon (assumed to be a sister of Eliza). Hannah Cannon lived in Sampson County, NC at the time of the 1840 Federal Census. That census provides the following information regarding Hannah's family: Hannah was head of household and was shown to be over 50 but under 60 years old. One other female in the family was over 20 but under 30 years old (this was probably Ann M. Cannon. There was one male in the household in the age bracket over 15, but under 20 (probably James H. Cannon). The relationship between John W. Branch and the two daughters of Hannah, Ann M. Cannon and Eliza Jane Cannon is unknown. He may have been in a common-law marriage with each of them for a period. John W. Branch had a total of 9 children by the two Cannon sisters. I have no way of knowing which of these children were born of Ann and which to Eliza, but those born after the 1850 census were surely Ann's.
US census records
1850 District 19, Chambers, AL
John W. Branch 30 M Farmer SC
Ann M. 30 F NC
Henry 9 M Ala
James 7 M Ala
Bollard 4 M Ala
John A. 2 M Ala
Nancy E. 5/12 F Ala
Hannah Cannon 60 F NC
Mary Woodgard 7 F Ala
(next hh)
James H. Cannon 27 M NC
Mary E. 21 F NC
Simon P. 2 M NC (Looks more like Simeon)
Nancy J. 8/12 F Ala
1860 Beat 14, Tallapoosa, AL
J. W. Branch 41 M Farmer NC
Ann M. 40 F NC
Henry 19 M NC
James E. 17 M NC
Ballard B. 15 M NC
John A. 13 M NC
Nancy E. 10 F Ala
Forney 5 M Ala
Nancy J. Cannon 11 F Ala (NOTE) This is undoubtedly the daughter of James H. Cannon in the 1850 census.
1860 Beat 14, Tallapoosa, AL
Cynthia Gorksby? 50 F W Farmer GA
Henry 18 M Ala
Simon Cannon 12 M Ala (Simeon?) This may be the son of James H. Cannon from the 1850 census.
1870 New Harmony, Chambers, AL
John Branch 50 M W Farming NC
Ann 45 F W keeping house NC
Nancy J. 20 F W NC
Ferney 18 M W Farmhand NC (Forney)
Martha 10 F W NC
Conora E. J. 20 F W NC
Mollie 18 F W NC
1880 Milltown, Chambers, AL (Indexed as Bronch)
John Branch Head M W 65 NC VA VA
Annie wife F W 59 NC NC NC
Mattie dau F W 17 Ala NC NC
Some researchers state that John Willis Branch died in Kaufman County, Texas.
Note: All of the above census data were supplied to me by Rosemary Kinney, RG.

Quellen-Verweis NF20726 :

Personen : Cannon Elijah, Lacy Dias "Dicy" Harriet
1850 Lincoln County, Tennessee census.
Family was living in Bedford County, TN at 1840 census.
Lincoln County, Tennessee Court record to sell land, 29 May 1884.
Dias still listed in 1870 census.
Listed in 1870 census.
1850 Census Lincoln County, TN. 13 Nov. 1850. Subdivision 1
CANNON, Elijah 41, GA
" Dias 31 NC
" James N. 13 TN
" John 11 TN
" William 9 TN
" Lydia 7 TN (Note: Lydia's middle name was Hannah)
" Minus L. 5 TN
" Martha 3 TN
" Mary J. 1 TN
1870 Lincoln County, TN Census, 20th Civil District, Page 5, Dwelling 35, Family 35
CANNON, E. 61 M W Farmer $450 GA
CANNON, Dias 52 F W Keeping House NC
CANNON, W. L. 38 M W Farm Laborer TN
CANNON, Mary 18 F W At Home TN
CANNON, Jerry 15 M W Farm Laborer TN
CANNON, Hester 11 F W At Home TN
CANNON, Pansy 9 F W At Home TN
From Minutes of Lincoln County, Tennessee County Court 1844-1848:
"Ordered that Elijah Cannon be overseer of the road from Miss Johnson to Thomas Harrieses in the room of John Wiley. Sept. Term 1846.
Lincoln County, Estate record for Elijah Cannon, dec'd. (Copy appears to be incomplete DLF):
M. L. Cannon, et al; vs Johnathan McCurry & wife} Bill to sell land
To the Honorable M. W. Woodward, Judge of the County Court of Lincoln County, Tennessee.
J. N. Cannon, W. L. Cannon, Lettie H. Baker, Minus L. Cannon, Martha McPherson, William Hunter & his wife Mary J. Hunter, Jerry H. Cannon & Isham Smith & his wife Louisa Smith Complainants and residents of Lincoln County, Tennessee.
Vs Johnathan McCurry, Sarah E. McCurry his wife, non residents of the state of Tennessee.
Your complainants, citizens of Lincoln County, Tennessee would respectively show to your Honor that on the 26 day of December 1879 their father, Elijah Cannon died in Lincoln County, Tennessee intestate and left surviving him his widow, Harriet Cannon and the following children to wit: J. N. Cannon, W. L. Cannon, Lettie Cannon who married John Baker who is now dead, Minus L. Cannon, Martha Cannon who married Ross McPherson who has been dead for several years ------(Note: my copy seems to have something missing here-DLF) ----required a certified copy of the sale & transfer of the same to him.
Your complainants would here state that their sister, Sarah E. McCurry to their last and best information lives in the state of Arkansas, and complainants would show to your Honor that all of said parties to this bill are of full age.
The persons considered complainants pray that the party mentioned in this bill as defendent be made such that publication be made for her to appear and answer this bill as required by law in such cases . Let said land be surveyed & divided into three tracts before day of sale & let it be sold first in lots & then as a whole & let the best price be declared the sale. Sell the same on credit of one, two & three years with ten percent in cash & sell the same for division among those entitled to it and point any other & all further relief as the nature of the case may requir & grant __?__ relief.
C___?___ for Complainants
J. N. Cannon & Minus L. Cannon in their own rights & as agents for the other complainants made oath before me that the statements made in this bill are true to the best of their belief, information & knowledge.
J. N. Cannon
his
M. L. X Cannon
mark
Sworn to and subscribed before me this 29th May 1894.
E. S. Wilson, Clerk
Note: The 1850 & 1870 census combined indicate 12 children but this document only lists 9 heirs. The 3 missing children are: John, Hester and Pansy. They must have died prior to 29th May 1894 without heirs of their own.

Quellen-Verweis NF20743 :

Personen : Cannon Jeremiah "Jerry", Cowhan Donnie
The identity of the children of Jerry Cannon was obtained from an interview (1998) of Ernest C. (Phip) Cannon by the mother of a friend.

Quellen-Verweis NF20774 :

Personen : Holley Earnest, Jones Lorene
From this union was born seven children.

Quellen-Verweis NF20783 :

Personen : (Unknown) Gracie, Jones Alvin
From this union was born two sons.

Quellen-Verweis NF20807 :

Personen : Collier Mary Elizabeth, Overstreet Ruben Edward
Seven children were born from this union.

Quellen-Verweis NF20812 :

Personen : Holden Cleo Laverne, Weaver Velma Lorene
They are cousins to each other.

Quellen-Verweis NF20846 :

Personen : Aubuchon Orlando, Ward Essie Lucille
The below was written by Carol Joan (Booton) Sheeley:
I have a wedding band of my grandmother's and Orlando's. Originally I tho't it was inscribed with "Oct 4 EW Nov 08," which I could never make sense of until I looked at it more closely and what I think it actually says is, "OA & EW Nov 08." The & isn't inscribed like that but kind of like a four but not the 4 as this "type" shows. It's also positioned higher than the intials, like where a degree symbol would be.
Essie divorced Orlando about 1917, and this was a rarity in those days.

Quellen-Verweis NF20885 :

Personen : Averett William Dennis, Williams Mary E.
Six chidren are believed to have been born to this union. The names and sex on two children are not known.

Quellen-Verweis NF20946 :

Personen : DeBruhl Benjamin Franklin (Sr.), Marchbanks Malinda Rebecca
On December 25, 2006 - Irma P. Sohnchen wrote:
Just thought I would fill you in on a conversation that I had this past Thursday with my ex - Bill DeBruhl. Bill apparently knew Byron quite well, and went bird hunting with him on several occasions.
Anyway, we were discussing Ben DeBruhl, Sr. Coming from South Carolina to North Carolina. He and Rebecca came by wagon, of course, and as they were coming through what is now Beaver Lake - back then it was Beaver Creek, Ben stopped and was talking with a gentleman. They were standing on a knoll, and the man offered Ben all the land he could see north and west of Beaver Creek for the team of red mules that Ben had. Ben thanked him, but if he gave up his team of red mules, he wouldn't have anything to work his land, so he believed he'd travel on a little farther north, buy his land, and keep his mules. Which he did.
This was told to Bill DeBruhl by Byron - passed down through Zed DeBruhl.

Quellen-Verweis NF20978 :

Personen : Tweed Rufus Feltner, Tweed Susie Eleanor
The both have the family surname of Tweed.
Rufus F. Tweed and his wife, Susie Eleanor Tweed, are buried at City Cemetery, Madison County, North Carolina. He was a Madison County native and a member of Hot Springs Baptist Church. He was a barber in Marshall and in Hot Springs for 35 years. The obituary lists survivors as his wife, Pearl Connor Tweed, and a son, Fred Tweed; two brothers, E. R. and J. B. Tweed; five sisters, Miss Sue Tweed, Mrs. E.M. Ammons, Mrs. Thomas Self, Mrs. W. S. Ensley, and Mrs. Charles Self.
1910 Census - Madison County, NC (Marshall):
Tweed, Feltner R., head, 26, married 1 yr., NC NC TN, barber, town (#68 Main St.)
Susie, wife, 21, married 1 year, mother of 1, 1 living, NC NC NC
Jack, son, ?months old, NC NC NC
Everett, brother, 28, single, NC NC NC, salesman - dry goods

Quellen-Verweis NF20994 :

Personen : Chilton Benjamin "Ben" Franklin, Robinson Mytle Levada
Six children were born from this union.

Quellen-Verweis NF20995 :

Personen : Chilton Charles W., Clark Mary Victoria
Three children were born from this union.

Quellen-Verweis NF21003 :

Personen : Bruce Mary Frances, Myers Bruce
Three children were born from this union.

Quellen-Verweis NF21053 :

Personen : Knickenberg N. N., N. N.
N.N. Knickenberg was born 1666.
N.N. Knickenberg married N.N.
N.N was born 1666.

Quellen-Verweis NF21196 :

Personen : DeBruhl Michael Samuel, Pring Margaret
They're the first DeBruhl's to come to America.

Quellen-Verweis NF21243 :

Personen : Sams Asa Bradley, Sams Laura Jane
Both of them have the same surname of Sams.

Quellen-Verweis NF21247 :

Personen : Buckner Elbert, Buckner Juliana
Both have the same family surname, Buckner.

Quellen-Verweis NF21314 :

Personen : Johnson Ida Sophia, Peterson Carl "Charles" Gustav
They had six children.

Quellen-Verweis NF21359 :

Personen : Schneider Xaver, Zimmerer Marie A.
On January 12, 2007 - Kathleen (Schneider) Sigdestad wrote:
After years of searching I recently learned from a German genealogist that my grandfather, Franz Xaver Schneider, was born June 1861 in Urloffen, Baden, Germany. He immigrated about 1879-1880 to the US with two brothers named Anton (June 13, 1858) and Andreas Jan 1, 1865). I found a family tree on ancestry.com with an Anthony F. Schneider, born June 13, 1858 in Baden (this is the exact birthdate of my grandfather's brother). The parents were listed as Faverii (sp)Schneider and Maria A. Limmerer(sp) in this tree - very close to parents of my grandfather Xaver Schneider and Maria Anna Zimmerer!
I have been searching for years for these brothers and I believe that this Anthony (Anton) Schneider, married to Margaret Weber and who resided in St. Charles, MO is indeed one of these brothers. It appears that this Anton Schneider is in your family tree.
We were told that the Schneider brothers had a dispute about a check from a brewery in Baden after immigration and parted ways - never to have any further contact. It was told that the brothers left for another nearby state. My grandfather lived in St. Paul, MN and married Mary Florian. They had 10 children (8 survived) and my father, Charles was the 2nd youngest born 1909.
The parents of these Schneider brothers died when they was very young in 1865 in Urloffen. I have a genealogist searching for the court records in Freiburg to learn who were guardians of these orphaned children - probably relatives in Urloffen.

Quellen-Verweis NF21412 :

Personen : Loewe (Unknown), Meschede Marie
On December 30, 2006 - Maggie (Loewe) Williams wrote:
My paternal grandmother was Marie Meschede, later became Marie Loewe (St. Louis, Missouri). One of her three sons was my dad, Don Loewe. I only know my grandmother had many siblings and they were more or less orphans when they arrived in America. I know she had a brother named Richard Meschede.

Quellen-Verweis NF21450 :

Personen : (Unknown) Allie, Gosnell Carl Lee
Carl Gosnell and his wife Allie died of influenza in their early twenties leaving two sons a daughter basically orphaned.

Quellen-Verweis NF21455 :

Personen : Bringham Charlotte Matilda, Sams Andrew Jackson
The 1900 census shows this couple were married for 32 years. Eight children were born to them, but only six are still alive.

Quellen-Verweis NF21501 :

Personen : Holden Lucy Cindy, McIntire William "Will" Andrew
Possible Research Clues:
Census: 1920 - Montier, Shannon, Missouri:
Son: Johnson is listed on the census as 48
Also in household is: Mary A Stogdill, age 78 (listed as mother)
Name: William A McIntire
Home in 1920: Spring Creek, Shannon, Missouri
Age: 58 years
Estimated birth year: abt 1862
Birthplace: Missouri
Relation to Head of House: Head
Spouse's name: Lucie S
Father's Birth Place: United States of America
Mother's Birth Place: Georgia
William A McIntire 58
Lucie S McIntire 57
Fadie S McIntire 17
Irvie C McIntire 15
Euna J McIntire 13
Fred A Hurt 4 3/12

Quellen-Verweis NF21532 :

Personen : Gilliam (Unknown), Hatfield Margie
No children were born from this union.

Quellen-Verweis NF21588 :

Personen : Lacy Susan "Betsy" Elizabeth, Roberts Thomas
Marriage Records: Halifax County Courthouse and Library (Special Collections), Halifax, Virginia.
Bedford County, Tennessee Deed Book: F, Page: 182
Thomas Roberts and Mathew Lacy, Deed of Gift Thomas Roberts and Matthew Lacy of Bedford County, TN jointly give to the three children of the said Roberts, to wit. Susannah, Ann, and Thomas, Jr. They being the only grandchildren of said Lact (y) do give and bequeath to the said Susannah, Ann, and Thomas, Jr. negros, nine in number. Wit: Elijah Parker and Enos Morgan 12 June 1815 Reg. 27 Nov 1815.
The below was provided by the Middle Tennessee State University - Murfreesboro, Tennessee:
Changing priorities in agricultural production, from corn cultivation in the early 1800s to dairy farming at the turn of the century to cattle production today, characterize the history of the Roberts Farm. Established by Thomas Roberts of Virginia on land located ten miles southeast of Shelbyville, the Roberts Farm dates to 1811. Thomas and his wife Betsy Lacy began farming with 117 acres and they purchased 114 additional acres in 1819. Similar to many early Middle Tennessee farmers, they produced corn, hay and cattle.
Thomas and Betsy's only son, Thomas Lacy Roberts, was the second generation owner. He married Priscilla Parker and they raised eleven children. Together the family operated a 400 acres farm, which yielded corn, hay, cattle and timber. In fact, the crops produced at the Roberts Farm would change during the third generation ownership of Columbus Daniel and Fannie Ferguson Roberts. But when the founders' great grandson Claude D. Roberts assumed ownership of the property during the twentieth century, he added dairy cattle to the farm's products and also operated a grist mill in the Raus community.
In 1969, Claude and his wife Pauline's only child, Winston D. Roberts, inherited 104 acres of original family land. Winston and his daughters, Carol and Dorothy, presently manage a farm which specializes in cattle and hay production.

Quellen-Verweis NF21596 :

Personen : (Unknown) Mary A., Gudehus Charles
Listed in the 1914 City Directory, Pana, Christian County, Illinois:
Gudehus Charles (Mary A.), r 915 E 2nd.

Quellen-Verweis NF21631 :

Personen : Henneke Louisa "Louise", Wagner George
Listed in the Illinois Statewide Marriage Index: 1763 - 1900.
Groom: George Wagner
Bride: Louise Hennecke
Marriage License: 180

Quellen-Verweis NF21676 :

Personen : Brueggermann Elizabeth, Stockman Adolph
Geographical Information: Telgte is a town in the Warendorf district, North Rhine-Westphalia, Germany. It is situated on the river Ems, 10 km east of Münster, and 15 km west of Warendorf.

Quellen-Verweis NF21677 :

Personen : Frederitzi Christopher (Sr.), Hennessienene Elizabeth
They had 10 children - all born in Cappel. They immigrated to New Orleans, arriving on the ship Bolivar on 22 Jul 1833. They settled in Maxville, Missouri.

Quellen-Verweis NF21679 :

Personen : Fochtman Anton "Anthony", Stockman Clara Gertrude
Residence: 1860, St Marys, Elk County, Pennsylvania.

Quellen-Verweis NF21735 :

Personen : Sams John Leroy, Waynick Gertrude
No children were born from this union.

Quellen-Verweis NF21878 :

Personen : (Unknown) Bessie, Ashley James Harvey
The 1930 US Census has the family listed as living in Detroit, Wayne County, Michigan.

Quellen-Verweis NF21902 :

Personen : Bradshaw Pamela "Pam", Clark Warren "Lee" LeGrande

NO. COA99-646
NORTH CAROLINA COURT OF APPEALS
Filed: 20 June 2000
STATE OF NORTH CAROLINA
v.
ELIZABETH MAGDELENE CLARK, a/k/a, ROBIN GOSNELL
Appeal by defendant from judgment entered 5 August 1998 by Judge Howard E. Manning, Jr., in Rowan County Superior Court. Heard in the Court of Appeals 29 March 2000.
Attorney General Michael F. Easley, by Special Deputy Attorney General Robert J. Blum, for the State.
Nancy R. Gaines for defendant-appellant.
WALKER, Judge.
Defendant was convicted of first degree murder upon perpetration of a felony, i.e. felonius child abuse, and was sentenced to life imprisonment without parole. The State's evidence tended to show the following:
The victim, Budde Lee Clark, born on 27 November 1990, was the son of Warren LeGrande Clark, a/k/a Lee Clark, and Pam Bradshaw, who were not married. In April 1994, Lee Clark married the defendant, Elizabeth Magdelene Clark, a/k/a Robin Gosnell. Lee Clark, the defendant, and her two sons from a previous marriage, Christian Pittman and Sammy Bringle, lived together. Lee Clark obtained custody of Budde in March 1995, and Budde lived in their home from then until the time of his death on 31 January 1997.
Lee Clark testified that during this time he occasionally saw Budde with injuries to his nose, arm, foot, face and backside. Clark testified that defendant always had an explanation as to how the injuries occurred. Further, Clark testified that the day before the victim died, he observed defendant whipping Budde with a belt and he took the belt away from her. However, the defendant retrieved the belt and hit Budde several more times. Clark then saw red marks and bruises on Budde's legs.
The following morning, 31 January 1997, as Clark was leaving for work, he noticed a bruise on Budde's forehead that was not there the night before. Around 9 a.m., Clark called the defendant and asked her what happened to Budde's head. She explained that Budde had been injured while "playing Power Rangers."
Later that day, Budde was found in the bathtub lying on his side in approximately eight inches of water. Defendant's son, Sammy Bringle, found Budde, lifted him out of the tub, and called for his mother. Defendant attempted CPR and Sammy called 911. Emergency Medical Services was unable to revive Budde and he was pronounced dead on arrival at the Rowan Regional Medical Center. Clark further testified that he saw Budde's body at the hospital and saw "big bruises on his head," and that some of the bruises were not there when he left for work that morning.
Dr. Karen Chancellor, associate chief medical examiner for North Carolina, performed the autopsy and testified that a "blunt force injury of the head" was the cause of death. Dr. Chancellor identified approximately thirteen discrete injuries to the head, but could not identify which blow or blows to the head would have been fatal. She testified there were numerous injuries present on every part of his body, as well as evidence of blunt force trauma to the head, back, chest, arms, and legs. Also, there was evidence of two healing rib fractures. She also testified that Budde's injuries were consistent with battered child syndrome. Dr. Chancellor used autopsy photographs and slides to illustrate her testimony. Some of the slides were projected onto a screen for the jury to view.
Pam Bradshaw testified that prior to living with defendant, Budde was a very outgoing and rambunctious child, but that she had not observed him jumping off bunk beds or injuring his head jumping off furniture. She also testified that Budde was more quiet and timid after he began living with defendant and Lee Clark.
Dr. Marcia Herman-Giddens, an expert in the investigation and analysis of the circumstances of child fatalities, testified that a month before Lee Clark and defendant obtained custody of Budde, he was in the 75th percentile on a children's growth chart, and at the time of his death he had dropped to the 5th percentile. Her examination of the autopsy report revealed "muscle wasting," whereby a child suffers from malnutrition to the point where his muscle tissue begins to deteriorate. Dr. Herman-Giddens further testified that Budde evidenced a "failure to thrive," which is common in abusive and neglectful situations.
Phyllis Reep, a registered nurse, observed Budde's body in the emergency room. She testified there were numerous bruises and abrasions on his head and body and a large raised bluish hematoma near the center of his forehead. Photographs taken of Budde in the emergency room were used by Ms. Reep to illustrate her testimony.
Lisa Grass, the defendant's sister-in-law, testified how the defendant treated Budde. She stated that the defendant "talked hateful" to Budde "most of the time." Jaime Pittman, the defendant's daughter-in-law, also testified about defendant's treatment of Budde. Ms. Pittman lived with defendant and Lee Clark for a period of time and witnessed the defendant striking Budde with her hands and fist and kicking him. Additionally, she observed bruises on Budde and his being punished frequently by defendant. In her opinion, the reason he was treated so harshly was because he was not the defendant's biological son. Ms. Pittman also testified that she contacted the Department of Social Services about this, but that she did not personally intervene when the defendant was hitting Budde out of her fear of the defendant.
The defendant testified that Budde was a very active and rambunctious child who often injured himself while playing. She related how Budde would occasionally injure his head by "flipping" off of the bunk beds and that all of the bruises on his body were the result of accidents. She admitted that she spanked Budde with a belt, but that she did not spank him on the night prior to his death. Further, on the day of Budde's death, she ran water for him to take a bath and then went to use the phone and check her phone messages. She stated she was not in the bathroom when Budde got in the tub. When her son Sammy came and told her that something was wrong with Budde, she ran to the bathroom and discovered Budde's body laying beside the bathtub. While Sammy called 911, she attempted to clear his air passages since she thought Budde had drowned. Defendant denied hurting or injuring Budde in any way that would have caused his death. Prior to his bath that morning, Budde acted like he did not feel well.
Christian Pittman, defendant's son, testified that Budde was very rambunctious and suffered bruises from climbing on bunk beds and jumping on a trampoline. Pittman testified he never observed defendant slap Budde's head or kick him, but that she did spank Budde for breaking her rules.
Defendant first argues the State erred when it failed to correct false witness testimony offered by Dr. Chancellor when it contrasted with her written autopsy report. Dr. Chancellor's autopsy report stated there was "no evidence of uncal, cingulate or tonsillar herniation." However, defendant claims Dr. Chancellor's testimony described the victim's cause of death as "tonsillar herniation," although she never used the term in her testimony.
A prosecutor's presentation of known false evidence, allowed to go uncorrected, is a violation of a defendant's right to due process. Napue v. Illinois, 360 U.S. 264, 269, 3 L. Ed. 2d 1217, 1221- 22 (1959); State v. Williams, 341 N.C. 1, 16, 459 S.E.2d 208, 217 (1995). The State has a duty to correct any false evidence which in any reasonable likelihood could affect the jury's decision. Id. However, if the evidence is inconsistent or contradictory, rather than a knowing falsehood, such contradictions in the State's evidence are for the jury to consider and resolve. State v. Edwards, 89 N.C. App. 529, 531, 366 S.E.2d 520, 522 (1988); State v. Joyce, 104 N.C. App. 558, 565, 410 S.E.2d 516, 520 (1991), cert. denied, 331 N.C. 120, 414 S.E.2d 764 (1992).
Dr. Chancellor testified that the cause of Budde's death was blunt force injury of the head. She described the specific mechanism of death, although she did not use the same terms as contained in her autopsy report's finding of no "tonsillar herniation." Defendant did not object to or move to strike this testimony. Any contradiction in her testimony and her autopsy report was to be considered and resolved by the jury and this argument is without merit.
Next, defendant argues the trial court erred in failing to conduct an inquiry into Juror #7's possible contact with a member of the victim's family. During the morning recess after Pam Bradshaw's testimony, the following exchange took place outside the presence of the other jurors:
THE COURT: Bill. Rick. Nancy [first names of counsel for State and defendant]. This is Mr. Childers?
JUROR # 7: Yes, sir.
THE COURT: If you'll speak up so she can get it.
JUROR # 7: Okay. I just found out that I go to church with [Pam Bradshaw's] uncle and I didn't know if that was --
THE COURT: Thanks for telling me. But that doesn't disqualify you.
JUROR # 7: Okay.
THE COURT: Thanks for letting us know.
JUROR # 7: All right. I just didn't want --
THE COURT: I appreciate it.
JUROR # 7: -- you to find out later.
THE COURT: That's right. No problem. Thank you, sir.
JUROR # 7: Yes, sir.
The trial court did not conduct any further inquiry. Previously during the jury voir dire, Juror #7 stated that he attended high school with Pam Bradshaw 12 years earlier.
Whether alleged misconduct has affected the impartiality of a particular juror is a discretionary determination for the trial court. See State v. Rutherford, 70 N.C. App. 674, 677, 320 S.E.2d 916, 919 (1984), disc. review denied, 313 N.C. 335, 327 S.E.2d 897 (1985). Misconduct must be determined by the facts and circumstances of each case. Id. The trial court has the responsibility to make such investigations as may be appropriate, including examination of jurors when warranted, to determine whether misconduct has occurred and, if so, whether such conduct has resulted in prejudice to the defendant. See State v. Williams, 330 N.C. 579, 583, 411 S.E.2d 814, 817 (1992).
Here, there was no allegation of misconduct. Juror #7 did not state that any contact had taken place in violation of the trial court's instructions. The only information brought to the trial court's attention was that Juror #7 attended church with Pam Bradshaw's uncle.
While the better practice is for the trial court to conduct a full voir dire hearing to ascertain the particular circumstances of the situation, see State v. Selph, 33 N.C. App. 157, 161, 234 S.E.2d 453, 456 (1977), under the circumstances of this case, the trial court did not abuse its discretion in failing to inquire further as to whether Juror #7 may have violated its instructions. We note that the defendant did not object to the trial court's ruling or its failure to inquire further into the matter.
Next, defendant contends the trial court erred in admitting photographs and slides which were not accurate representations of the victim at the time of his death, were duplicative in nature, and were projected onto a screen "many times life size." Defendant relies on State v. Hennis, 323 N.C. 279, 372 S.E.2d 523 (1988), for the proposition that the trial court erred in allowing all of these photographs into evidence.
Photographs of the victim's body may be used to illustrate testimony as to the cause of death. State v. Cummings, 332 N.C. 487, 503, 422 S.E.2d 692, 701 (1992). Photographs of a homicide victim may be introduced even if they are gory, gruesome, horrible or revolting, so long as they are used for illustrative purposes and so long as their excessive or repetitious use is not aimed solely at arousing the passions of the jury. State v. Murphy, 321 N.C. 738, 741, 365 S.E.2d 615, 617 (1988). Whether the use of photographic evidence is more probative than prejudicial and what constitutes an excessive number of photographs in the light of the illustrative value of each is within the trial court's discretion under a totality of the circumstances analysis. See Hennis, 323 N.C. at 285, 372 S.E.2d at 526. Abuse of discretion results where the trial court's ruling is manifestly unsupported by reason or is so arbitrary that it could not have been the result of a reasoned decision. Id. Additionally:
The test for excess is not formulaic: there is no bright line indicating at what point the number of crime scene or autopsy photographs becomes too great. The trial court's task is rather to examine both the content and the manner in which photographic evidence is used and to scrutinize the totality of circumstances composing that presentation. What a photograph depicts, its level of detail and scale, whether it is color or black and white, a slide or a print, where and how it is projected or presented, the scope and clarity of the testimony it accompanies- - these are all factors the trial court must examine in determining the illustrative value of photographic evidence and in weighing its use by the state against its tendency to prejudice the jury.
Hennis, 323 N.C. at 285, 372 S.E.2d at 527 (internal citations omitted). Our Supreme Court has "rarely held the use of photographic evidence to be unfairly prejudicial . . . ." State v. Kyle, 333 N.C. 687, 702, 430 S.E.2d 412, 420- 21 (1993)(quoting State v. Robinson, 327 N.C. 346, 357, 395 S.E.2d 402, 409 (1990)).
In Hennis, the defendant was convicted of three counts of first degree murder. The trial court admitted thirty-five autopsy and crime scene photographs and the duplicate slides were projected onto a screen just above the defendant's head. Hennis, 323 N.C. at 282, 372 S.E.2d at 525. Defendant stipulated to the victims' cause of death. Id. at 283, 372 S.E.2d at 526. The thirty-five 8x10 photographs were distributed to the jury, one at a time, and were unaccompanied without further testimony. Id. Many slides with repetitive content were admitted. Id. at 286, 372 S.E.2d at 527. Our Supreme Court held that the trial court prejudicially erred in admitting the photographs and slides. Id. at 287, 372 S.E.2d at 528.
The extent and cause of Budde's numerous injuries, as well as his cause of death, were directly at issue and not stipulated to by the defendant. To establish child abuse and murder, the State had the burden of proving that these injuries were inflicted by defendant and were not the result of accidents. The trial court conducted a voir dire examination of the photographs and slides before they were admitted and screened the photographs and slides for repetition, as did Dr. Chancellor. Approximately five were removed for repetitive content. Twenty slides were projected onto a screen which the record reveals was away from the defendant. Dr. Chancellor's testimony focused on the severity and timing of each of the numerous head and body injuries inflicted upon Budde. Additionally, she testified that the photographs and slides were accurate portrayals of Budde's body at the time she conducted the autopsy, which was the morning after Budde died, and that the photographs and slides would be helpful in illustrating her testimony. The trial court gave limiting instructions that the photographs and slides were to be used only for illustrating and explaining the testimony of witnesses. None of these photographs were distributed to the jury. Our review of the photographs and slides confirms that the trial court did not err in admitting them into evidence.
Next, defendant argues the trial court erred in failing to offer her an opportunity to poll the jury after the guilty verdicts were entered and in denying her motion to poll the jury the next morning.
Under N.C. Gen. Stat. [section] 15A-1238, "Upon motion of any party made after a verdict has been returned and before the jury has dispersed, the jury must be polled." N.C. Gen. Stat. [section] 15A-1238 (1999). In State v. Black, 328 N.C. 191, 400 S.E.2d 398 (1991), our Supreme Court held that the defendant waived his right to poll the jury, where the jury returned guilty verdicts and was given a thirty-minute recess and instructed not to discuss the case among themselves or with any other persons. The defendant did not move to poll the jury prior to the recess. Id. at 197, 400 S.E.2d at 402. The trial court denied the motion since the motion was not timely. Our Supreme Court, in holding that the jury had been "dispersed" within the meaning of N.C. Gen. Stat. [section] 15A-1238, stated that "once a juror leaves the courtroom after the verdict is returned and goes into the streets, despite her best efforts to shield herself, she still can be affected by improper outside influences." Id. at 198, 400 S.E.2d at 402.
Here, the jury returned its verdict at approximately 5:10 p.m. on 5 August 1998. Defendant did not request that the jury be polled. The trial court excused the jury for the day with instructions that the jurors refrain from discussing the case with anyone. The following morning, defendant requested a polling of the jury, which the trial court denied. Finding Black controlling, defendant's assignment of error is without merit.
Next, the defendant contends the trial court erred in denying defendant's request for a jury instruction on the issue of accident.
In State v. Willoughby, 58 N.C. App. 746, 294 S.E.2d 407, disc. review denied, 307 N.C. 129, 297 S.E.2d 403 (1982), this Court held that jury instructions on accident were not required where the defendant's version of the story would, if believed by the jury, have resulted in his being found not guilty of second degree murder. In Willoughby, the defendant and the victim were swimming together and the victim died of drowning. Id. at 747, 294 S.E.2d at 408. The defendant was convicted of second degree murder, but argued that he did not touch the victim and was entitled to a jury instruction on accident. Id. This Court held:
We do not believe the court should have charged on accident. If [the victim] died as a result of an accidental drowning, it was an accident with which the defendant had nothing to do. The jury accepted the version of the incident in accordance with the State's evidence. This evidence showed the defendant committed murder. If the jury had accepted the defendant's version of the event, the jury should have found the defendant not guilty under the charge given to them by the court. It was not necessary for the court to charge on accident.
Id. at 748, 294 S.E.2d at 408.
The defendant argued that Budde was a rambunctious child who often injured himself through roughhousing and "flipping" off of bunk beds, and that all of his bruises and injuries were accidental. If the jury believed defendant's argument, then she would have been acquitted of the charges.
Furthermore, in its instruction on second degree murder, the trial court charged the jury that the State must prove beyond a reasonable doubt that Budde's injuries were "inflicted intentionally and not by accident or misadventure."
Based upon Willoughby and the jury instructions for second degree murder, the trial court did not err in denying defendant's request for an instruction on accident.
Next, defendant argues the trial court erred in denying defendant's motion to dismiss at the close of the State's evidence and again at the close of all evidence.
On a defendant's motion to dismiss for insufficiency of the evidence, the trial court must consider "whether there is substantial evidence of each essential element of the offense[s] charged, or of a lesser included offense of that charged." State v. Robbins, 309 N.C. 771, 774, 309 S.E.2d 188, 190 (1983). "Substantial evidence is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." State v. Scott, 323 N.C. 350, 353, 372 S.E.2d 572, 575 (1988). The evidence must be considered in the light most favorable to the State, and the State is entitled to every reasonable inference. State v. Wright, 127 N.C. App. 592, 596-97, 492 S.E.2d 365, 368 (1997), disc. review denied, 347 N.C. 584, 502 S.E.2d 616 (1998). Further, if the trial court determines that a reasonable inference of the defendant's guilt may be drawn from the evidence, it must deny the defendant's motion even though the evidence may also support reasonable inferences of the defendant's innocence. Id. at 597, 492 S.E.2d at 368.
Here, the State's evidence showed that Budde was a battered child and died as a result of injuries inflicted by the defendant. Although the State's case centered around circumstantial evidence, taken in the light most favorable to the State, it was sufficient to withstand the defendant's motions to dismiss.
Next, defendant argues the trial court erred in admitting testimony of prior bad acts of the defendant regarding her treatment of Budde. Defendant contends the testimony concerning her discipline of Budde, the manner in which she spoke to Budde, along with testimony describing defendant as a "pushy person," was improperly admitted.
Character evidence may be admissible for the purpose of showing motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, entrapment or accident. N.C. Gen. Stat. [section] 8C-1, Rule 404(b)(1999). The list of permissible purposes is not exclusive, and such evidence is admissible as long as it is relevant to any fact or issue other than the defendant's propensity to commit the crime. See State v. Hipps, 348 N.C. 377, 404, 501 S.E.2d 625, 641 (1998), cert. denied, 525 U.S. 1180, 143 L. Ed. 2d 114 (1999). Even if admissible under Rule 404(b), the probative value of evidence must still outweigh the danger of undue prejudice to the defendant to be admissible under Rule 403. See State v. Everhardt, 96 N.C. App. 1, 18, 384 S.E.2d 562, 572 (1989), affirmed, 326 N.C. 777, 392 S.E.2d 391 (1990). The determination to exclude evidence on these grounds is left to the sound discretion of the trial court. See State v. Anderson, 350 N.C. 152, 175, 513 S.E.2d 296, 310, cert. denied, __ U.S. __, 145 L. Ed. 2d 326 (1999). "A trial court may be reversed for abuse of discretion only upon a showing that its ruling was manifestly unsupported by reason and could not have been the result of a reasoned decision." State v. Riddick, 315 N.C. 749, 756, 340 S.E.2d 55, 59 (1986); State v. Mickey, 347 N.C. 508, 518, 495 S.E.2d 669, 676 (citation omitted), cert. denied, 525 U.S. 853, 142 L. Ed. 2d 106 (1998). Our courts have consistently held that past incidents of mistreatment are admissible to show intent in a child abuse case. See State v. Hitchcock, 75 N.C. App. 65, 69-70, 330 S.E.2d 237, 240, disc. review denied, 314 N.C. 334, 333 S.E.2d 493 (1985); State v. Vega, 40 N.C. App. 326, 331, 253 S.E.2d 94, 97, disc. review denied, 297 N.C. 457, 256 S.E.2d 809, cert. denied, 444 U.S. 968, 62 L. Ed. 2d 382 (1979).
Here, since the defendant was charged with felony child abuse, her treatment of Budde was at issue and thus relevant. See State v. West, 103 N.C. App. 1, 9-10, 404 S.E.2d 191, 197-98 (1991)(stating that evidence of the way defendant had treated the child in the past was relevant where defendant was convicted of involuntary manslaughter and non-felonious child abuse). The defendant has failed to establish that the trial court's decision to admit this evidence was manifestly unsupported by reason and thus her assignment of error is overruled.
We have carefully examined defendant's remaining assignment of error and find it to be without merit. In sum, defendant received a fair trial free from prejudicial error.
No error.
Judges LEWIS and MARTIN concur.

Vorige Seite

Nächste Seite

Zurück zur Hauptseite

Diese Seiten wurden erzeugt mit Oxy-gen Version 1.37u am 21/10/2008.