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This is Woodsprings Suites in a small country town. This place very haunted by the dead. Because the whole place gives off a bad vibe. But if you decide to stay at this extended-stay hotel please note you will probably have an encounter with the dead while you are there on your stay. Because the first time I stayed there in room 303 on the 3rd floor in the room you could see orbs floating around in the room and the lights would flicker and scratching and banging sounds from inside the room sound like something was in the wall scratching trying to come through the walls and you can hear knocks in the kitchen around the refrigerator or close to the refrigerator and the cabinet doors would come open silverware and dishes would be moved. And in the hallways on the 3rd floor you could hear children laughing and playing way in the early hours of the morning and knowing that at time the kids was asleep and then you could see a figure of a woman standing at the end of the hallway looking out the hallway windows. And in the 3rd and 4th storage room you could see orbs floating around in there and even the owner and the employees saw this on camera when they looked at the footage. And old ex-employee of Woodsprings Suites said the was an old man in a wheelchair who or was living at the hotel and then passed away there and he loved to play with the elevator pushing the buttons and then open their doors on the floors that the buttons was not even pushed and then the doors will stay open for a while like he was coming into the elevator with his wheelchair and the doors would close and even the employees and guests have felt temperature changes in the elevator when this occurs. And throughout the whole hotel you can see dark shadows on the walls and see them moving along the walls even when no one is in the hallways. And in room 311 a lady died in there because she choked to death on dinner one night and employees and guests do say the temperature in the room changes and like the are being touched by someone and also like they are being watched. And room 401 had a man named Steve who was once living there long term and then was moved to room 433 which he passed away while being in room 433 and he can be seen in both rooms and you can hear him talking to you but I think he might not know he is dead and can not move on from here. And in room 410 a man who was a nurse passed away in that room his name was Dwight because I was there the night he died in the room and seen corners office rolling him out of the building and he can be seen in the room and walking the 4th-floor hallways. And in room 426 there was a woman named Teresa who stayed for a while then she passed away and that room stays like an icebox and she can be seen sitting on the end of the bed. And I have done spirit box and EVP sessions there and picking up some loud sounds of something that sounds like a boat horn or fog horn and growling sounds and something that sounds unhuman. And shadow people walking throughout the hotel and then being groped while being asleep and being choked and the feeling of something is pushing down on my chest causing it for me to breath and it has done my husband this way to. And then guest bringing in ouija board to try to make contact with the dead or demons on the other side and then me finding it then blessing the board while saying God's prayer before me burning the ouija board. And then on the outside of the hotel seeing dark or black-cloaked ghost outside and across the road at the chinese restaurant called Yamamotos and like invisible transparent ghost walking around outside and even at the hotel to. And you can hear things that like something hitting the trees outside. And also in the stairwell at the hotel something has tried on multiple occasions to push my husband down the steps and growling at him and telling him to get out.

And the land dates back some bad people who owned in the 1800's and I have found out that before the county bought the land then sold it off that back in the 1800's they left unmarked graves on the land. Because you can see people wearing 1800's clothing and children to from that time period with them playing and playing peek a boo with you at the end of your bed. And sometimes you can hear a little girl calling out for her mommy. And in the boiler room there is a woman named Jane who is bounded to the land and when you open the door a big gust of ice-cold air will blow you and give you chills and she has a bad habit of yelling yelling you and she doesn't talk much but she did tell me her name. And I think something bad and demonic is here because I have been hit 👊 scratched leaving red marks that started to burn and so has my husband. And the marks would be like it had long sharp finger nails. North Carolina

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Pinkney Thomas “Junior” Mitchell, Jr Photo added by MJ Pinkney Thomas “Junior” Mitchell, Jr BIRTH 2 Jun 1949 DEATH 18 Dec 1997 (aged 48) BURIAL Bessemer City Memorial Cemetery Bessemer City, Gaston County, North Carolina, USA MEMORIAL ID 66861237 Justia › US Law › Case Law › North Carolina Case Law › North Carolina Supreme Court Decisions › 1975 › State v. Mitchell Receive free daily summaries of new opinions from the North Carolina Supreme Court. Enter your email. Enter your email. Subscribe State v. Mitchell Annotate this Case 218 S.E.2d 332 (1975) 288 N.C. 360 STATE of North Carolina v. Pinkney Thomas MITCHELL, Jr., and Wallace Charles Lanford, Jr. No. 7. Supreme Court of North Carolina. October 7, 1975. *335 Atty. Gen. Rufus L. Edmisten by Associate Attorney Robert W. Kaylor, Raleigh, for the State. Robert H. Forbes, Gastonia, for Pinkney Thomas Mitchell, Jr. and Robert E. Gaines, Gastonia, for Wallace Charles Lanford, Jr., representing defendant appellants. COPELAND, Justice. Defendants were represented by separate counsel and filed separate appeals. Some of the assignments of error are the same and some relate only to one defendant. Our Court has held that where there are two indictments in which both defendants are charged with the same crimes, then they may be consolidated for trial in the discretion of the court. State v. Combs, 200 N.C. 671, 674, 158 S.E. 252, 254 (1931). "The Court is expressly authorized by statute in this state to order the consolidation for trial of two or more indictments in which the defendant or defendants are charged with crimes of the same class, which are so connected in time or place as that evidence at the trial of one of the indictments will be competent and admissible *336 at the trial of the others. [Citations omitted.]" Id. at 674, 158 S.E. at 254. G.S. 15-152; State v. Dawson, 281 N.C. 645, 190 S.E.2d 196 (1972); State v. White, 256 N.C. 244, 123 S.E.2d 483 (1962). Defendant Mitchell contends the consolidation was prejudicial to him because of the testimony of William Richard Stewart, the brother-in-law of defendant Lanford. A careful examination of the record indicates that Stewart testified as to substantially similar incriminating statements made by each defendant in the presence of one another. In essence, Mitchell adopted Lanford's admissions to Stewart. Defendant Lanford contends that the consolidation was prejudicial against him because defendant Mitchell testified in his own behalf at the trial and attempted to mitigate the killing and reduce it to second-degree murder because of his use of drugs and intoxicants. Lanford contends that this especially hurt his case since he elected not to testify in his own behalf. There is absolutely nothing in the record to indicate that the trial judge in making his ruling on consolidation knew that Mitchell would take the witness stand. In any event, Mitchell had a right to testify if he wished and Lanford could cross-examine him. Moreover, it is difficult to understand how Lanford can contend that he was prejudiced by Mitchell testifying when in fact Mitchell admitted the killing and the burning of the vehicle and attempted by his testimony to exonerate Lanford in every way. It was proper and appropriate for the two defendants to be tried together and there is no merit to this assignment of error. Defendants Lanford and Mitchell next contend that the court should have dismissed the cases against them as of nonsuit and for mistrial for the charges of first-degree murder at the close of the State's evidence and at the close of all the evidence. Lanford makes a similar contention with respect to the charge of felonious burning of personal property. Upon a motion for nonsuit, the trial court must consider the evidence in the light most favorable to the State. The trial court is not concerned with the weight of the testimony, but only with whether the evidence, be it direct or circumstantial, supports sending the case to the jury. State v. McNeil, 280 N.C. 159, 185 S.E.2d 156 (1971); State v. Goines, 273 N.C. 509, 160 S.E.2d 469 (1968). Conflicts and discrepancies in the evidence should be resolved in the State's favor. State v. Cooper, 286 N.C. 549, 213 S.E.2d 305 (1975); State v. McNeil, supra; State v. Cutler, 271 N.C. 379, 156 S.E.2d 679 (1967). In order to convict the defendant of first-degree murder, the State must satisfy the jury beyond a reasonable doubt of all the elements thereof, to wit, an unlawful killing of a human being with malice and with a specific intent to kill and committed after premeditation and deliberation. "Of course, ordinarily, it is not possible to prove premeditation and deliberation by direct evidence. Therefore, these elements of first degree murder must be established by proof of circumstances from which they may be inferred. [Citations omitted.] Among the circumstances to be considered by the jury in determining whether a killing was with premeditation and deliberation are: want of provocation on the part of the deceased; the conduct of the defendant before and after the killing; the use of grossly excessive force; or the dealing of lethal blows after the deceased has been felled. [Citations omitted.]" State v. Buchanan, 287 N.C. 408, 420-21, 215 S.E.2d 80, 87-88 (1975); State v. Van Landingham, 283 N.C. 589, 197 S.E.2d 539 (1973); State v. Hamby and State v. Chandler, 276 N.C. 674, 174 S.E.2d 385 (1970); State v. Sanders, 276 N.C. 598, 174 S.E.2d 487 (1970); State v. Walters, 275 N.C. 615, 170 S.E.2d 484 (1969); State v. Faust, 254 N.C. 101, 118 S.E.2d 769 (1961). An analysis of the facts of the case in relation to these factors reveals a want *337 of provocation by the deceaseda sixteen-year-old girl. The conduct of defendants before and after the killing supported an inference of premeditation and deliberation as well as the other elements of the crimes charged. The State's evidence permits the following reasonable inferences: defendants abducted the victim and had sexual relations with her; defendants told Stewart that they had killed the victim; defendants later departed in the victim's automobile and burned it in order to destroy any evidence; and defendants secured another vehicle in which to leave Gaston County. The use of grossly excessive force was indicated when the deceased was found tied to a tree, gagged, and stabbed numerous times in vital areas of the body. In summation, there was plenary evidence as to both defendants from which to show premeditation and deliberation as well as the other elements of the crimes involved. This assignment of error is without merit and is overruled. Defendant Mitchell contends that the trial court committed error in the charge to the jury. Counsel for Mitchell, with commendable frankness, states that none of the exceptions, in his opinion, would entitle Mitchell to a new trial. Counsel requests the court to review the charge. This has been done and we conclude that there was no error. Defendant Mitchell contends the court erred in permitting the witness Shellnut to change his description of the defendants on voir dire. There was no voir dire of Shellnut and he did not identify defendants. There is no merit in this argument. Defendant Mitchell also contends that it was improper for the court to receive evidence concerning the home life of the deceased, photographs of the area in which she lived and where she was seen with the defendants, and photographs of the deceased, the automobile, and its contents. In connection with these assignments of error, counsel for the defendant concedes that none of these individually would entitle the defendant to a new trial, but should be considered reversible error when considered as a whole. All of this evidence, save that of the home life of the victim, was competent and relevant to establish the identification of the victim, the ownership of the Volkswagen, and the identification of the general area where the crimes had their inception. The photographic evidence was introduced with limiting instructions for the purpose of illustrating the testimony of the witnesses. State v. Atkinson, 275 N.C. 288, 167 S.E.2d 241 (1969). If the evidence pertaining to the home life of the deceased was error, then it was clearly harmless beyond a reasonable doubt. State v. Jones, 280 N.C. 322, 185 S.E.2d 858 (1972); Chapman v. California, 386 U.S. 18, 87 S. Ct. 824, 17 L. Ed. 2d 705 (1967). These assignments of error are overruled. Defendant Mitchell also contends that admission of the testimony of the witness Stewart was prejudicial error. As stated earlier in the discussion on consolidation, there is no merit in this related contention for the reasons there stated. A further contention of Mitchell is that the failure of Lanford to testify caused the jury to have grave doubts concerning Mitchell's defense. This argument has no merit. The record indicates that Mitchell by his own testimony admitted the killing and the burning of the Volkswagen and attempted to excuse himself of murder in the first degree because of the use of drugs and intoxicating beverages. Defendant Mitchell contends that he did not have sufficient mental capacity to form the necessary premeditation and deliberation. In this connection, the trial court properly charged the jury on the law relative to voluntary intoxication and voluntary use of drugs. It was properly left for the jury to determine whether Mitchell's mental condition was so affected by intoxication or drugs that he was rendered incapable of forming a deliberate and premeditated purpose to kill. State v. Propst, *338 274 N.C. 62, 161 S.E.2d 560 (1968). This assignment of error is overruled. Both defendants contend that the court erred by refusing to set the verdict aside as being against the greater weight of the evidence and refusing to declare a mistrial. These motions were addressed to the discretion of the trial court. That discretion was not abused. 3 Strong, N.C. Index 2d, Criminal Law, §§ 128, 132. As a matter of fact, we have fully considered this in the discussion on the motions for nonsuit. These assignments are without merit and are overruled. The defendants have had a fair trial free from prejudicial error. Kathy was sent to her death in a vicious manner by these defendants. The case was ably prepared and presented by the district attorney and carefully and fairly tried by Judge Grist. In the trial we find No error. North Carolina Supreme Court opinions.

Wallace Lanford and Pinkney Mitchell were convicted and received life sentences in Smiley's killing, and both have since died in a state prison.

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Supreme Court of North CarolinaOct 1, 1975288 N.C. 360 (N.C. 1975) North Carolina••• October State v. Mitchell Supreme Court of North CarolinaOct 1, 1975288 N.C. 360 (N.C. 1975) Cases citing this document State v. Smith We hold that the court properly consolidated the cases for trial. State v. Madden, 292 N.C. 114, 232 S.E.2d… State v. Oxendine The decision whether to join two parties charged with the same crime is ordinarily within the sound… Defendants were tried upon bills of indictment charging them with first-degree murder and felonious burning of personal property. The cases were consolidated for trial over objection of each defendant. Defendants entered pleas of not guilty to each charge and the jury returned a verdict of guilty on both charges. The State's evidence tended to show the following: On 21 April 1974 Kathy Smiley and her twelve-year-old sister, Patricia, left their home in Atlanta to meet their father, F. Dale Smiley (who was separated from their mother), for breakfast at a restaurant about five miles away. Kathy drove a reddish-orange Volkswagen which belonged to her father. After breakfast, the father and Patricia left to go to Lake Lanier for boating. Kathy intended to go home and to get her water skis and pick up her boyfriend before joining her father. The last time the father saw Kathy she was crossing I-85. Kathy was seen walking down an access road near a Shell service station in Atlanta at about 10:15 a.m. The Volkswagen was parked close by with the blinker lights on. Between 10:00 a.m. and noon Kathy was seen at the Shell service station in the Volkswagen with both defendants. Nothing unusual occurred at that time. On the same day, defendants and Kathy arrived in Gaston County in the Volkswagen. They picked up the witness Rafferty, who got in the back seat with Kathy. They drove into a wooded area and Mitchell said to Kathy, "This is it." Kathy was taken down into the woods and Mitchell had sexual relations with her while Lanford waited at the car. Then Lanford went down and had sexual relations with her. Afterwards they drove towards Crowder's Mountain and Rafferty got out of the car at a stop sign. The body of Kathy was found later at about 5:00 p.m. on the same day at the site of the old Lincoln Academy which is near Crowder's Mountain. She had been "gagged" with an electrical cord and her dead body tied to a tree. She had been stabbed many times in the neck, the heart, and other parts of the body. The defendants were afterwards seen alone in the Volkswagen. Later that evening Lanford, in the presence of Mitchell, told his brother-in-law (Stewart), "We done the big one . . . . We killed a girl . . . . Murder one." Defendant Mitchell said in reply, "Yeah, we did, there's her car." (Referring to the Volkswagen.) Lanford asked Stewart for his car and weapons, but Stewart refused any assistance. Also Lanford tried to convince his brother-in-law that he had killed the girl and offered to take him to the Lincoln Academy site to prove it. Stewart declined to go and the defendants drove off alone. When they returned to Stewart's house about one hour later, they reported that the girl's body had been removed. Later that evening in the vicinity of Lincoln Academy (where Kathy's body was found) there was an explosion and the Volkswagen was observed burning. The next day Mitchell, in the presence of Lanford, said that they had burned the Volkswagen; that the owner of the Volkswagen was dead; and that the girl who was killed on Crowder's Mountain the night before was the owner of the Volkswagen. As a result of this conversation, defendants obtained a blue Datsun from Frances Mitchell (defendant Mitchell's sister) and returned to the home of Lanford's brother-in-law (Stewart) seeking weapons, but they had been moved to Lanford's father's house. While at the brother-in-law's house, Lanford admitted having intercourse with Kathy, but said that it was not rape. Counsel for Lanford, on instructions from his client, did not cross-examine Stewart. The evidence presented by defendant Mitchell tended to show the following: On 21 April 1974 he was in Atlanta with defendant Lanford. They were taking dope and drinking and planned to hitchhike to Gaston County. They observed a girl walking up the road and engaged her in conversation. She said that she had "done dope" before and wanted some more and that her automobile was out of gasoline. Defendant Lanford went to a filling station and got a can of gasoline. Later she directed them to a place to get dope, but no one was there. Thereupon she said that she had some in the dashboard. They smoked marijuana and drank some whiskey. Mitchell asked Kathy to take them to North Carolina. She agreed on the condition that they buy her some gasoline. She placed a telephone call to her mother before leaving. Mitchell stated that in addition to smoking "grass" and drinking some liquor on that day, he had also taken some THC and cocaine. He said he seduced Kathy on the way back to North Carolina. Upon arriving in Gaston County they went to the Lincoln Academy area and again had sexual intercourse. Mitchell then asked her to commit oral sex on him and she refused. Mitchell knocked her to the ground, grabbed her by the hair and stabbed her repeatedly. About this time, defendant Lanford came up from behind and grabbed him. He told Lanford to leave him alone and in a fit of anger threw Lanford to the ground, hitting him three or four times. Lanford got up and ran away. Just before leaving, Lanford said, "Don't cut me." Mitchell said that the next thing he remembers he was carrying the girl's dead body up through -the woods. He was on dope and was "seeing things." He tied Kathy to a tree in a sitting position. Shortly thereafter, Mitchell told Lanford he had killed the girl. Lanford said, "I know you are crazy enough to kill me, but I don't believe you killed that girl." Later Mitchell said that he did not remember killing her, but he had blood all over him and she was dead. That night he went back and burned the car. Lanford was present. Mitchell said that he had sexual relations with Kathy, but that defendant Lanford did not touch her and had nothing to do with the killing. Mitchell also denied conversations with others who had testified against him. Defendant Mitchell, who had been convicted of traffic offenses, assault, fighting, larceny, and the larceny of an automobile, had escaped from the North Carolina Department of Corrections and had been at large for four months when this killing occurred. Defendant Lanford offered no evidence. COPELAND, Justice. Defendants were represented by separate counsel and filed separate appeals. Some of the assignments of error are the same and some relate only to one defendant. Our Court has held that where there are two indictments in which both defendants are charged with the same crimes, then they may be consolidated for trial in the discretion of the court. State v. Combs, 200 N.C. 671, 674, 158 S.E. 252, 254 (1931). "The Court is expressly authorized by statute in this State to order the consolidation for trial of two or more indictments in which the defendant or defendants are charged with crimes of the same class, which are so connected in time or place as that evidence at the trial of one of the indictments will be competent and admissible at the trial of the others. [Citations omitted.]" Id. at 674, G.S. 15-152; State v. Dawson, 281 N.C. 645, 190 S.E.2d 196 (1972); State v. White, 256 N.C. 244 123 S.E.2d 483 (1962). Defendant Mitchell contends the consolidation was prejudicial to him because of the testimony of William Richard Stewart, the brother-in-law of defendant Lanford. A careful examination of the record indicates that Stewart testified as to substantially similar incriminating statements made by each defendant in the presence of one another. In essence, Mitchell adopted Lanford's admissions to Stewart. This assignment is overruled. Defendant Lanford contends that the consolidation was prejudicial against him because defendant Mitchell testified in his own behalf at the trial and attempted to mitigate the killing and reduce it to second-degree murder because of his use of drugs and intoxicants. Lanford contends that this especially hurt his case since he elected not to testify in his own behalf. There is absolutely nothing in the record to indicate that the trial judge in making his ruling on consolidation knew that Mitchell would take the witness stand. In any event, Mitchell had a right to testify if he wished and Lanford could cross-examine him. Moreover, it is difficult to understand how Lanford can contend that he was prejudiced by Mitchell testifying when in fact Mitchell admitted the killing and the burning of the vehicle and attempted by his testimony to exonerate Lanford in every way. It was proper and appropriate for the two defendants to be tried together and there is no merit to this assignment of error. Defendants Lanford and Mitchell next contend that the court should have dismissed the cases against them as of nonsuit and for mistrial for the charges of first-degree murder at the close of the State's evidence and at the close of all the evidence. Lanford makes a similar contention with respect to the charge of felonious burning of personal property. Upon a motion for nonsuit, the trial court must consider the evidence in the light most favorable to the State. The trial court is not concerned with the weight of the testimony, but only with whether the evidence, be it direct or circumstantial, supports sending the case to the jury. State v. McNeil, 280 N.C. 159, 185 S.E.2d 156 (1971); State v. Goines, 273 N.C. 509, 160 S.E.2d 469 (1968). Conflicts and discrepancies in the evidence should be resolved in the State's favor. State v. Cooper 286 N.C. 549, 213 S.E.2d 305 (1975); State v. McNeil, supra; State v. Cutler, 271 N.C. 379, 156 S.E.2d 679 (1967). In order to convict the defendant of first-degree murder the State must satisfy the jury beyond a reasonable doubt of all the elements thereof, to wit, an unlawful killing of a human being with malice and with a specific intent to kill and committed after premeditation and deliberation. "Of course, ordinarily, it is not possible to prove premeditation and deliberation by direct evidence. Therefore, these elements of first degree murder must be established by proof of circumstances from which they may be inferred. [Citations omitted.] Among the circumstances to be considered by the jury in determining whether a killing was with premeditation and deliberation are: want of provocation on the part of the deceased; the conduct of the defendant before and after the killing; the use of grossly excessive force; or the dealing of lethal blows after the deceased has been felled. [Citations omitted.]" State v. Buchanan, 287 N.C. 408, 420-21, 215 S.E.2d 80, 87-88 (1975). State v. Van Landingham, 283 N.C. 589, 197 S.E.2d 539 ( 1973 ); State v. Hamby and State v. Chandler, 276 N.C. 674, 174 S.E.2d 385 (1970); State v. Sanders, 276 N.C. 598, 174 S.E.2d 487 (1970); State v. Walters, 275 N.C. 615, 170 S.E.2d 484 (1969); State v. Faust, 254 N.C. 101, 118 S.E.2d 769 (1961). An analysis of the facts of the case in relation to these factors reveals a want of provocation by the deceased — a sixteen-year-old girl. The conduct of defendants before and after the killing supported an inference of premeditation and deliberation as well as the other elements of the crimes charged. The State's evidence permits the following reasonable inferences: defendants abducted the victim and had sexual relations with her; defendants told Stewart that they had killed the victim; defendants later departed in the victim's automobile and burned it in order to destroy any evidence; and defendants secured another vehicle in which to leave Gaston County. The use of grossly excessive force was indicated when the deceased was found tied to a tree, gagged, and stabbed numerous times in vital areas of the body. In summation, there was plenary evidence as to both defendants from which to show premeditation and deliberation as well as the other elements of the crimes involved. This assignment of error is without merit and is overruled. Defendant Mitchell contends that the trial court committed error in the charge to the jury. Counsel for Mitchell, with commendable frankness, states that none of the exceptions, in his opinion, would entitle Mitchell to a new trial. Counsel requests the court to review the charge. This has been done and we conclude that there was no error. Defendant Mitchell contends the court erred in permitting the witness Shellnut to change his description of the defendants on voir dire. There was no voir dire of Shellnut and he did not identify defendants. There is no merit in this argument. Defendant Mitchell also contends that it was improper for the court to receive evidence concerning the home life of the deceased, photographs of the area in which she lived and where she was seen with the defendants, and photographs of the deceased, the automobile, and its contents. In connection with these assignments of error, counsel for the defendant concedes that none of these individually would entitle the defendant to a new trial, but should be considered reversible error when considered as a whole. [4, 5] All of this evidence, save that of the home life of the victim, was competent and relevant to establish the identification of the victim, the ownership of the Volkswagen, and the identification of the general area where the crimes had their inception. The photographic evidence was introduced with limiting instructions for the purpose of illustrating the testimony of the witnesses. State v. Atkinson, 275 N.C. 288, 167 S.E.2d 241 (1969). If the evidence pertaining to the home life of the deceased was error, then it was clearly harmless beyond a reasonable doubt. State v. Jones, 280 N.C. 322, 185 S.E.2d 858 (1972); Chapman v. California, 386 U.S. 18, 17 L.Ed.2d 705, 87 S.Ct. 824 (1967). These assignments of error are overruled. Defendant Mitchell also contends that admission of the testimony of the witness Stewart was prejudicial error. As stated earlier in the discussion on consolidation, there is no merit in this related contention for the reasons there stated. A further contention of Mitchell is that the failure of Lanford to testify caused the jury to have grave doubts concerning Mitchell's defense. This argument has no merit. The record indicates that Mitchell by his own testimony admitted the killing and the burning of the Volkswagen and attempted to excuse himself of murder in the first degree because of the use of drugs and intoxicating beverages. Defendant Mitchell contends that he did not have sufficient mental capacity to form the necessary premeditation and deliberation. In this connection, the trial court properly charged the jury on the law relative to voluntary intoxication and voluntary use of drugs. It was properly left for the jury to determine whether Mitchell's mental condition was so affected by intoxication or drugs that he was rendered incapable of forming a deliberate and premeditated purpose to kill. State v. Propst, 274 N.C. 62, 161 S.E.2d 560 (1968). This assignment of error is overruled. Both defendants contend that the court erred by refusing to set the verdict aside as being against the greater weight of the evidence and refusing to declare a mistrial. These motions were addressed to the discretion of the trial court. That discretion was not abused. 3 Strong, N.C. Index 2d, Criminal Law, 128, 132. As a matter of fact, we have fully considered this in the discussion on the motions for nonsuit. These assignments are without merit and are overruled. The defendants have had a fair trial free from prejudicial error. Kathy was sent to her death in a vicious manner by these defendants. The case was ably prepared and presented by the district attorney and carefully and fairly tried by Judge Grist. In the trial we find No error.

Pinkney Thomas MITCHELL, Jr. And Wallace Charles Lanford, Jr. For killing Kathleen Ruth Smiley. Wallace Lanford and Pinkney Mitchell were convicted and received life sentences in Smiley's killing, and both have since died in a state prison.

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A clipping from "The Atlanta Constitution" dated Tuesday, April 23, 1974 on how her killers tortured her.

Kathleen Ruth Smiley even after all these years and I went up there myself to where she was murdered and I have done an EVP and Spirit Box session and also took pictures and I'm not sure if that was Kathleen coming through but I do know that, that place gives you a bad feeling of dread and like something is there to hurt you physically mentally and spiritually it just gives off bad vibes and please note that if anyone goes to where she was murdered that it is forbidden because they have no trespassing signs up everywhere along the property so you take your own risk when you enter but you can also see mist cause I did but I think Kathleen Spirit no longer remains there since she was murdered so basically by her Killers I hope that Kathleen is now resting in peace but she will be a part of a legacy that continues to grow with the story are paranormal that happened on the property where she was murdered at and then you can hear crying because I did you can hear children laughing at the old school used to be at and some of the old headstones are still visible that remains on the property some of them are mostly gone now for whatever purposes I'm not sure I don't know if it's because of the satanic Cults doing rituals there and sacrificing things to conjure up evil they need to stop because this young lady was murdered even though she was murdered she needs to remain at rest and that's what she deserves no one deserves to be conjured up or have a bunch of rumors spread that isn't true because she because I hope Kathleen is finally at rest and at peace but if you have an experience on the property where this young lady was murdered at please feel free to share.

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The 1974 Lakeside High School (Atlanta, GA) yearbook cover I found where Kathleen Ruth Smiley attended school at may Kathleen Ruth Smiley rest in peace.

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There were many problems with Satan worshipers performing rituals and sacrifices through out Crowders Mountain. Crowders Mountain closed their camping grounds for ten years due to the dangers presented by the satanic worshipping’s. Many people believe there is a demonic presence that lingers on the property. There have been sightings of unexplained mists and smoke, sounds of children crying, shadow figures, drastic temperature changes, unexplained footsteps and voices, and in some cases people have been pushed or touched by unseen forces. So in conclusion, If you decide to check out Lincoln Academy for yourself don’t go alone and please be respectful of the site.

A clipping from "The Atlanta Constitution" dated Tuesday, April 23, 1974

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A Tribute to Kathleen Ruth Smiley A tribute to a young life that was tragically cut short in 1974. A senior at Lakeside High School in Atlanta/Dekalb County, she was abducted near I-85 in N.E. Atlanta and was taken to Gastonia, North Carolina where she was beaten, raped, and stabbed. She was dragged to a tree where she was tied up, gagged, and left to die. Now 40 years later, it appears that her troubled spirit still haunts the grounds of the abandoned school, Lincoln Academy. Kathleen Ruth Smiley, age 16, was known to her friends as "Kathy". She was born in Florida on May 22, 1957, the middle daughter of Dale and Jacqueline Smiley. Her father was a marketing representative for the Gillette Company, the men’s toiletry supply company. After spending several years in Hong Kong, her family moved to the metropolitan Atlanta area of northern DeKalb County, specifically the Lakeside High School neighborhood. She lived on Kodiak Drive, a well-to-do neighborhood made up of better middle class homes, two-car garages, and plenty of activities to keep active teenagers like Kathy and her younger sister, Patricia, occupied. Kathy acclimated herself to her new surroundings; being the daughter of an up-and coming corporate executive meant that she would be required to move around a lot. She was described by her neighbors as being "friendly"..."well-spirited"...."fun to be with"...."someone who laughs and smiles at everyone". She was real go-getter. Although she entered Lakeside as a member of the class of 1975, she took extra classes during the summer of 1973 so that she could graduate a year earlier. You could do that in DeKalb County back then...several students did it every year during their junior year, to get a start in college or life. Kathy hadn't decided what to do with herself...at first she wanted to be a veterinarian…then she wanted to be a teacher. In any case, in the spring of 1974 she was planning her final weeks in school and she wanted them to be special. She had a new boyfriend and she was planning to go to the Junior-Senior Prom with him in late April 1974. In fact, just days before her death, she had already picked the dress from one of the specialty shops located near Lakeside in the Northlake Mall area. It was a beautiful yellow gown, with lots of frilly lace…the style popular in the mid 1970’s. She also was thrilled that her father, Dale Smiley was planning to visit her and her younger sister on the weekend of April 20 to accompany them to day of swimming and picnicking at Lake Lanier, a recreational lake area north of Atlanta off I-85. She was especially close to her father now, simply because her father and mother had recently separated and he was living in Minnesota at his new office with Gillette…that had been the reason for the separation. Kathy’s mom was tired of moving so often and she loved Atlanta and did not want to leave…but Dale's company gave him a promotion, raise, and transfer to Minneapolis that he could not turn down, so it was he who left, not Patricia and the girls. Everything was set…Kathy would take her little sister to a Denny’s Restaurant to meet their dad and they would travel together to the Lake…it would be a perfect day…Sunday, April 21, 1974. Her last day living in God's great Earth... Breakfast at Denny’s 10:45am Kathy and Patricia arrived at the restaurant several minutes before their father arrived. When Mr. Smiley arrived, hugs and kisses were shared and menus were passed about. After the breakfast was finished, Kathy informed her father that she had get gas in her car in order to make it to Lake Lanier. She had a red 1972 VW Beetle, which was given to her on her 16th birthday in May 1973. Mr Smiley agreed to take Patricia with him since Kathy was going travel in a different direction at first. This decision probably saved Patricia’s life. Kathy left the table and called her mother explaining that she was going to get gas, come home to retrieve a swimsuit, then head to Lake Lanier….it was the last time Mrs. Smiley heard her daughter’s voice ever again. By the time she returned to the table, her father had paid the bill and was planning to go up to the lake. They all left the Denny’s at the same time, got into their separate cars and left the lot….. It was the last time Dale and his daughter Patricia saw Kathy alive… Visitors to Atlanta often marvel on how many highways and expressways blanket the landscape…what they don’t marvel about is the lack of clear signage on the highways. The area where this particular Denny’s was located was situated near a confusing network of local roads, private byways, interstate highway entrance and exit routes, and a unique feature in Atlanta….highway access roads. These roads often lead to retail outlet centers, business office buildings, and warehouses. They do not often feature gas filling stations. And it was so easy for someone like Kathy, who had only been driving for 10 months, to get confused and lost on the road…. The access road was also an area frequented by vagrants, hitchhikers, and individuals on the run from the law. Such was the case that Sunday morning when Pinkney Thomas Mitchell, age 25 and Wallace Charles Lanford, age 21, both fugitives from North Carolina were walking down the access road towards the I-285 interchange. Mitchell has escaped from a work crew and Lanford was mistakenly released weeks before by a judge who mistook his record for another convict. Both had been in Atlanta, hanging out at the local strip dives and joints. Now they were broke…they were craving for drugs…and they wanted to get back to North Carolina where they knew the territory….where they could get money…and drugs.… They just needed to find a way back… Fate can be a cruel sadistic player in the game of life…for some, there is good luck and fortune, …for Kathy, however, Fate would twist its wicked hand. For people like Mitchell and Lanford, they were hunters…looking for prey. When they set their sites on Kathy and her disabled red 1972 Volkswagen Beetle, they knew that their luck had changed…and they also liked what they saw in Kathy…an attractive teenage girl…all alone…with no one to protect her. She was ripe for the picking. A clerk at the Shell Station at the corner of Shallowford Road and Interstate 85 remembers seeing Mitchell coming up to him with $5.00 to purchase a can full of gasoline. The clerk was hesitant to release the can since it was only one on the lot. As he peered down the road, he saw the red car with 2 people leaning on it, later identified as Lanford and Kathy. The boy personally wanted to take the can himself, but this task was refused by his manager who needed him to operate the gas pumps. Remember, this was a least a year before Georgia allowed self-serve gas stations to exist, so the boy reluctantly allowed the can to be released to Mitchell. To his surprise, a few minutes later the red Beetle came up to the station with Kathy driving, Langford in the front passenger side and Mitchell in the back, directly behind Kathy. Mitchell got out of the car, took the now empty can out of the back seat and returned it to the attendant. Mitchell then asked if he could use the restroom. The attendant told him to pick up the key in the office, which he did. As he walked around the side, he spied a length of clothesline rope lying on the ground. He quickly picked it up, wrapped it up and put it into his side pocket. While he was in the restroom, he jotted down a note that stated something like “I’ve got a rope in my pocket. We’re going to use it..follow my lead”. He then returned to the car. The attendant and manager both testified in interrogatories that Mitchell asked questions like..”How far is it to Lake Lanier?”…”Does this highway go the North Carolina”…”Do you have a map?” A map was given to the three and they all looked at it for a while, then Mitchell folded it up, put it in his back pocket and climbed into the passenger side of the car, next to Kathy… The gas station employees at the Shallowford Road Shell Station were the last people to see Kathy alive and “in control of the car”, a quote given by one of the witnesses. Now I’ve noted that she “was in control of the car”. According to DeKalb County Police, who were investigation the kidnapping on the Georgia end, Kathy had no intention of either going to North Carolina…she had called her mother and stated that she was on her way home to pick up some clothes and a swimsuit…she told both her father and sister that she was coming to the Lake. Somewhere between the Shallowford Road-I85 highway entrance and the Lake Lanier-Buford, Ga highway split, the fugitives gained control of Kathy and eventually her vehicle. Lincoln Academy Gastonia, NC

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In Spencer Mountain, there's a “No Trespassing” sign every few feet. The remnants of demolished homes rest in the mountain's scenic hills. Streets, still identified on maps, no longer exist, their traffic signs moldy alongside overgrown blacktop. And the most haunting image of Gaston's own ghost town: the abandoned “mansion.” In Spencer Mountain, there's a "No Trespassing" sign every few feet. The remnants of demolished homes rest in the mountain's scenic hills. Streets, still identified on maps, no longer exist, their traffic signs moldy alongside overgrown blacktop. And the most haunting image of Gaston's own ghost town: the abandoned "mansion." There are only two residents in the town. They live in one house, a parsonage beside Spencer Mountain Baptist Church. Otherwise, a closed gas station and the abandoned mansion are the only standing structures inside the town limits. Most of the property is owned by yarn manufacturing company Pharr Yarns and the Catawba Land Conservancy. Thriving history ends with mill closure At one time, the mountain was a flurry of activity with 300 residents in the 320-acre town. It was a mill town, home to the water-powered textile mill, originally named the Wilson and Moore Cotton Mill when it opened in 1874. The mill switched ownership three times in the following years before being bought by Pharr Yarns in 1957. Forty-two years later, the mill was closed and later torn down. The homes were next. Around three years ago, the last of the standing homes surrounding the mill were burned, donated to Gaston College for firefighter training. Some of the residential streets, including Pharr Boulevard and Starr Street, are still on the maps, but they're blocked off and overgrown. Bob Clay, who works with Pharr Yarns real estate interests, said the roads were blocked shortly after the homes were torn down to keep out people who were dumping trash. The mansion will continue standing, he said. There are no plans whatsoever, he said, to demolish the old town fixture. State: Still an 'active' town The state still considers Spencer Mountain an active town that has a working government, although no one fills the positions. Spencer Mountain has vacancies for a mayor and three councilmen. No one is running or has run for any of the offices in four years, said Adam Ragan, director of the Gaston County Board of Elections. If one of the two active voters decides to write-in his or her name, that person will get the job. Ragan knows the two residents by name. Every year on Election Day, he prints out 10 ballots for the town — at a cost of $1.60. Spencer Mountain shares a polling place with neighboring town Ranlo. No one from Spencer Mountain voted in the last municipal or federal election. The town also has no tax rate and hasn't since 2011. Future of our ghost town? Another town in Gaston County once boasted the title of smallest town in the state — Dellview, just north of Cherryville. Dellview was deactivated as a town in 1978 after no one responded to the U.S. census. A petition from a resident sought to re-activate it in 1980, but it was declared inactive again in 2010. The same thing could happen to Spencer Mountain, Ragan said. For it to be declared inactive, a petition would have to be made to the state's General Assembly. Until then, it will remain in the hands of the conservancy and Pharr Yarns. Pharr Yarns, which owns most of the mountain's property, doesn't have any plans for the lots, Clay said. But the developer thinks the land has immense potential. "It's beautiful property up there on the river, but it's not yet ready to be developed," he said. "It doesn't have water and sewer utilities, and that's what drives development." Spencer Mountain House Also known as Pharr Yarns mansion or the Old Love house, this is one of the more popular sites situated in Lowell/Ranlo. Built in the early 1700’s atop the old Spencer Mountain memorial cemetery, it’s easily one of the oldest buildings in the area though people argue as to whether or not it really is haunted. There are plenty of tragic tales circulating about an entire family murdered among other things. None of these stories are confirmed and you’re likely to hear a different tale for every group you explore with. And the building is now abandoned and in pretty bad shape, the inside is covered with graffiti ranching from disturbing to comical, as well as your basic ruble and debris. There are reports of some spooky occurrences, like batteries being drained quickly in the house, or strange noises being heard just outside the walls. A few explorers have reported seeing a female in white on the top floor, normally on the balcony or staring at them from windows. Spencer Mountain Mansions most famous ghost is a young woman named Sarah. She is said to be dressed in a flowing, white gown with no facial expression. She has been seen all over the mansions property. Many people have claimed to see her in the windows of mansion looking out towards the road. Some say they have seen her by the road also. While the mansion was being used as a Halloween attraction one of the volunteer firefighters working claimed to have seen Sarah. He frantically ran out of the mansion and never returned. Many people experienced numerous accounts of paranormal phenomena while the mansion was a Halloween attraction. Many workers complained that their equipment would fail during their shift or become unplugged, things would be misplaced, the power would go out at random several times through out the night, they would hear unexplained voices and bangs, and many people were scratched by an unseen force. Spencer Mountain Mansion is definitely haunted but no one knows why. There are several different stories that are linked back to the mansion explaining the hauntings but none of them have been proven to be fact. If you would like to visit Spencer Mountain Mansion please contact the current owners first. They do NOT allow anyone in or around the mansion without permission. The police also patrol the mansion to keep unwanted guests away. Gaston's own ghost town only where the rubble of this small town remains at today but the whole town still is very much alive with the one's whom lived there.

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Sunset Cemetery Organized in 1841, Sunset Cemetery has remained Shelby's most popular burial ground for over 160 years. The oldest section of the cemetery is the northwest quadrant of the "old section". Located here are numerous examples of mid-to-late nineteenth century funerary art including grave boxes, beautiful marble angels, tall obelisks, and family plots surrounded by ornate wrought iron fences. The visitor will also note the narrow tree lined lanes designed for carriages that add to the cemetery's charm. Sunset Cemetery is the final resting place for several noteworthy individuals of both statewide and national significance. Figures of national prominance interred here include W.J. Cash (1900-1941), author of the pivotal work, "Mind of the South" which argued that in spite of the tumultuous and catastrophic events that have bombarded the South, the traditional mindset of the southerner has remained unchanged. In what is perhaps one of the great ironies of Southern History, buried not more than 50 yards away is Thomas Dixon, Jr. (1864-1946), author of "The Clansman" and "The Leopard's Spots", from which emerged the highly contoversial film "Birth of a Nation." Figures of limited statewide significance interred here include Plato Durham (1840-1875), a Confederate veteran and prominent Southern leader during the Reconstruction era; Clyde Hoey (1877-1954), who served as Governor of North Carolina from 1937-1941 and in later years, was a United States Senator; and O. Max Gardner, fromer Governor of North Carolina from 1928-1932 and Ambassador to Great Britain (he died before going overseas in 1947) Also, on November 22, 2003 legendary country music legend Don Gibson was put to rest in his hometown at Sunset Cemetery.

(((My paranormal encounter when visiting this cemetery was many things. That happened when I went at night like me doing my EVP session and spirit box session evil-sounding demonic disembodied voices and growling sounds and something yelling at me to get out. And seeing red eyes 👀 throughout the whole cemetery and my car wanted to cut off on me and you see dark shadowy figures standing behind some of the headstones peeking out at you then stepping back in behind the headstones. And hearing voices in the woods around this cemetery and spirits coming through the spirit box trying their best to get you split up from the group you are with so they can attack you leaving physical marks on your body. And them provoking you not to leave as they will hit your car making it bounce back and forth leaving handprints on your car that wasn't there beforehand. And them chasing you out but they can not exit the cemetery because it's their boundary/barrier not letting them leave with you. And I have went during the day to visit Country Music Legend Don Gibson's grave that is in this cemetery to and I will set down on his bench to do an EVP and spirit box session and play some of his music and I have got a reply from him saying thank you for appreciating my music the way you do. And that day I was visiting Don Gibson's grave on my way out I had a deer 🦌 jump out in front of my car then leaped beside of my car then was gone. And will continue to go back to this cemetery because I get something new each time I go.)))

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The Banker's House, a landmark of uptown Shelby, is among the State's finest examples of the Second Empire style. The large, well-preserved house of yellow stuccoed brick is notable for its handsome proportions, deceptively asymmetrical plan and consistent use of rich ornament--especially around its main entrance, along the cornice and the floral patterns of colored slate tile of the mansard roof. It is one of a few Second Empire houses in North Carolina distinguished by a central tower. Similarities to the Heck-Andres House in Raleigh and the Cabarus County Courthouse suggest that the Banker's house may be the work of architect G.S.H. Applegate, a New Jersey native who came to North Carolina in 1869 and throughout his career, designed buildings across the State. [photo] The Banker's House was built for Jesse Jenkins, founder of the first bank in Shelby, in 1874-75 Photo courtesy of Uptown Shelby Association Since its construction from 1874 to 1875, the home has been consistently owned by prominent members of Shelby's banking profession. Built for Jesse Jenkins, founder of the first bank in Shelby, the house was sold at public auction in July 1879 to T.D. Lattimore after Jenkins had financial trouble. Lattimore later transferred ownership of the house to Sarah Lee, wife of banker H. Dekalb Lee. Lee was one of several initial directors of the Cleveland Savings Bank, a rival to Jenkins's bank incorporated by the General Assembly and established in Shelby in 1875. Lee, together with two of the other original directors of Cleveland Savings Bank, Burwell Blanton and S.J. Green, bought out the other directors' holdings and established a new banking partnership--H.D. Lee and Company--in the late 1870s. In early 1888, the Lee family moved to Knoxville, Tennessee, and rented the Banker's House until 1894, when the house was purchase for $3,500 by Pattie Burwell, wife of Blanton Burwell. In 1895, Blanton and his sons, Charles and George purchased H.D. Lee and Company and changed the firm's name to B. Blanton & Company, until they obtained a Federal charter and changed the name again to First National Bank in 1903. In October 1907, the Blantons sold the home to their eldest son Charles, who became a prominent Shelby business leader during the early years of the 20th century. In May 1941, Charles Blanton sold the home to his nephew, George H. Blanton, Jr., who became president of the First National Bank in 1947 and resided in the Bankers' House throughout his entire career as a banker. In the summer of 1994 George and his wife Nancy Blanton signed an agreement and protective covenants with Preservation North Carolina management indicating that they could continue to live in the house as long as they wanted to, with PNC ultimately receiving ownership of the house. George Blanton, Jr. passed away January 10, 2001. The Banker's House is located at 319 North Lafayette St. Preservation North Carolina currently manages the building. It is still a private residence and not open to the public.

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The Irvin-Hamrick Log House is a small dwelling of half-dovetail notch construction, a type of building which once housed thousands of small farmers in the Piedmont and western North Carolina. It is a rare surviving example of the type of house most North Carolinians lived in during the 18th and early 19th centuries, and one of the very few that has seen consistent maintenance and for which there is a genuine hope of continued preservation. The small rectangular gable roof house is built of hewn logs joined with half-dovetail notches, the dominant corner-timbering method in western North Carolina for many generations. Weatherboards cover the logs in several sections and the entire house may have been clad in weatherboards at some time. One fireplace warmed the two interior rooms, and a small enclosed stair lead to an unfinished attic. James Irvin, a veteran of the Revolutionary War, probably built the house sometime after his purchase of 200 acres along Beauerdam Creek in 1794. Irvin married Rebecca Hardin of Lincoln County, and the couple raised 10 children in the tiny house--five boys and five girls, providing for them through land deals and working farms. After Irvin's death in 1845, the house and land passed to his children, who sold the property to Cameron Street Hamrick in 1850. [Photo] The Irving-Hamrick Log House--James Irvin, a veteran of the Revolutionary War, probably built the house around1794 Photo courtesy of Uptown Shelby Association Hamrick and his wife, Elmire Bridges, raised six sons in the house. Hamrick was a disciplinarian who believed that his sons should remain in the home until 21 years of age, and consequently, the family added the present frame rear addition sometime after the Civil War. All of the Hamrick's sons raised large families and their descendants remain in great numbers in Cleveland County and neighboring areas of the western Piedmont of North and South Carolina. The house has never left Hamrick family ownership. In 1951 it was acquired by the Cameron Street Hamrick Memorial Association, a family organization dedicated to the preservation of the homestead and the maintenance of the adjacent family cemetery. The Irvin-Hamrick Log House is located at Beaver Dam Church Rd. The annual Cameron Street Hamrick Reunion is held at the house each year, the 4th Sunday of August.

This home is still very much alive with the old owners because they have been seen there over the year's wearing 1800s clothing. And high school kid's have broken the place to investigate it for themselves. Whichever I am someone who has investigated the home to what me and my friends saw that night changed our lives because we saw a rope or a nuse lit up dangling from a man's hand that's when everyone took off running and jumping back over the fences. And we also heard talking and the sounds of someone walking behind us. And bangs coming from within this cabin which no one has lived in a very long time now. Irvin-Hamrick Log House is a historic home located near Boiling Springs, Cleveland County, North Carolina.

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