State v. Spencer

The State’s evidence tends to show that on the night of 5 February 1961 Robert Beaty, accompanied by four persons, drove his automobile to a place called the “Big Four” in Pender County, owned and operated by the defendants’ father. He was having trouble with his automobile. While he and a mechanic were working on his automobile on the ground outside of the building called “Big Four”, he was shot six times by the defendants, who were on the ground outside the building when they shot him. Charles Spencer was shooting with a rifle, and Johnny Spencer with a pistol.

Defendants offered the…