Watauga Democrat. [volume] (Boone, Watauga County, N.C.) 1888-current, 1926-06-03
WOOten Must Serve
Sentence for SlayinS
Supreme Court Uphold Decision of
Judge Stack, and Slayer of Leon
ard Triplett Will Serve Sentence
of From Two To Five Years, Un-
less Governor Intervenes.

According to an opinion of >the
supreme court handed down last
week, David Wooten, former deputy
sheriff and policeman of Blowing
Rock, must serve his term of two to
five years imposed upon him by
Judge H. M. Stack at the fall term
OF Watauga superior court last fall,
for the killing of Leonard Triplett, of
the Blue Ridge section of the county.
1t will be remembered that the
homicide occurred following a search
by Officers Wooten and Baugess of
Triplett's car for whiskey Mr.
Wooten had been informed of the
presence of whiskey in the vicinity of
Sandy Flat schoolhouse, two miles
out from Blowing Rock, and in COM
pany with Bauguess and jitney
driver rushed to the Scene to invasti-
gate. They came UPON Leonard Trip
lett, the deceased with some compan-
ions in Ford car, which was legally
searched without finding any whis-
KY. The officers proceeded farther
a,ong the road and halted a second
car and it was while a search for IL
quOr there was being made that the
Trlplett party came upon the Of
ficers with curses 9nd abuses, it is
sald, questioning their right of search
ana seizure, ana generally interfering
with the Officers duties. 1t was, ac-
cording to stt, e witnesses, practically
q simple case of murder Witnesses
swo ore that besides the argument
and cursing there was nothing to pro-
yoke the firing of the fatal shot. On
the other hand. witnesses for the de-
fendant testified that Wooten was
tendant, testified that Wooten was
provoked beyond endurance almost,
yet keps his temper, and started to
get into his car to return to Blowing
Rock. when Triplett kicked him from
behind. 1t was then that the shoot
leg occurred, Triplett's death being
almost instantaneous.
Against the able prosecution of
Solicitor Hayes was asTs,i, led SOME
OF the leading lawyers of the state,
headed by District Attorney Frank A.
Ainney, but Notwithstanding the
tard-fought legal battle the jury re-
t med verdict of manslaughter.
THE sentence of the presiding judge
as that Wooten serve from two to
I'VE years in the state prison. AttOr-
I@ys for the defendant, not satisfied
Y, lth the verdict, took an appeal to
the supreme court and it was while
~aiting for the higher tribunal to
pass upon the case that petitions were
ned with the pal don commission ask
ilr the freedom of Wooten. Petitions
we're circulated throughout the coun-
and the signatures, it is said, Of
Practically all leading citizens were
:ifixed Public sentiment was stcadi-
y increasing in favor OF the defend
auJ, so much so, in t9et, that little
doubt of his release was entertained
by his friends.
However, no action has vet been
taken upon the petition; and unless
Governor Mclean deems it wise to
intervene, it will go into immediate
effect. Mr.. Wooten was out under
bond fixed by the court at $4,000,
ard because so many friends were
anxious to sign the paper, the bond
now held by the state is probably
good for three times the amount re-
ouired.