I Pembroke Man Given Life For Death (Continued from page 1) the motive and to prove pre meditation, the key characteristic of a charge of first degree murder. Dr. Riley M. Jordan, a Raeford t physician, questioned about ' memory "blackout," which Lowery had claimed to have had, testified that the person knows at the time what he is doing but cannot remember later what he did. Miss Powell, in her summation to the jury, contended that Lowery had to perform several deliberate acts to carry out his intent: he had to slide the top of the weapon back fc* to put a bullet in the firing chamber, and he had to engage the safety device so the pistol wouldn't discharge accidentally while he was walking around in the club before shooting Locklear; that he raised his arm and called to Locklear before shooting him in the back, to cause Locklear to stop before he got out of range. Miss Powell also contended that Lowery was familiar with the club > and its rules ?? that patrons were forbidden to carry firearms or knives into the club, that patrons could be searched for weapons by club employees, and that they could be ejected from the club if weapons were found on them. She also said the club had metal detectors to determine whether a patron was carrying a weapon into the club. She said that Lowery managed to smuggle his pistol into the club in some manner, possibly by a woman friend carrying it (women were not searched). Lacy Lowery, 22, no relation to the defendant, also had testified that he had asked Perry Lowery if he was going to take his pistol to the club and that Lowery replied, "Yes." Lacy Lowery will be given a presentencing hearing Monday at 10 a.m. in Cumberland County Superior Court in Fayetteville be fore Judge Brannon on a charge of being an accessory after the fact of murder, to which he pleaded guilty November 16 in the Hoke County jury with the murder-trial jury absent. A prosecution witness testified that, after the shooting, Perry Lowery told Lacy Lowery, "Take the gun! Take the gun!" Both the Lowerys were grabbed by club security men, and the gun was retrieved, and was turned over to the investigating officers when they appeared in response to a report a shooting had occurred. Defense witnesses testified that they had known Perry Lowery well and that he just wasn't acting like himself that night. Deborah Gonzalez testified she was shocked by Perry's behaviour; he put his hand on her, and when she told him to stop, he did it again, then she slapped him, and he stopped. Defense testimony also was that at one point Perry was dancing "with a dude (man)," and he was stumbling around at other times, in his intoxication. Ricky Blue and others testified, however, that Perry didn't appear intoxicated. Prosecution testimony was that after Perry was put in the sheriff s department car after the shooting and was read his rights, he asked, "Is the boy dead?" which was evidence that Lowery was aware of what was going on. Essentially, the defense testi mony attempted to show that Terry Lowery was incapable in his con dition of forming an intent to kill, and the prosecution's testimony attempted to show that the de fendant was functioning and did know what he was doing. Britt and Miss Powell also noted to the jury state law which says intoxication is no defense of a criminal violation, that the ex ception is in first degree murder, in which it must appear that the defendant was unable to think out what he planned to do. * * * In a related case November 16, Bill Hodges, a Pembroke ABC (tore employee, was found by Judge Brannon in contempt of court for failing to come to court in response to a subpoena. Hodges had been subpoenaed by Miss Powell. He sentenced Hodges to five hours in the Hoke County Jail and fined him $100 and ordered him to pay court costs. Hodges went to jail at 12:12 p.m. and was released at 3 p.m. Tuesday, since the judge had credited him with the time spent in custody after officers picked him up and brought him to Raeford. Hodges was not called on to testify during the trial. The only other defendant to be given a judgment during the week's term was Dee Dee Ann Byerly of Fayetteville. She had been charged with second-degree burglary and plead ed guilty to breaking and entering, and larceny. The judge sentenced her to three years, suspended the sentence and placed her on probation for five years on conditions she make S200 restitution to the victim, Phloy Hardaway of Rt. 4, Raeford, and pay court costs. Byerly had been accused of breaking into Hardaway's home December 8, 1981, and stealing a sewing machine and three tele vision sets. Magistrate's Court The following Hoke County magistrates' judgments were issued last week. Paul Douglas Oomen, Rt. 2, Middletown, N.Y., hunting with ? out a license. $10 and costs; hunting big game without a license, costs. Dorothy Hayes, Box 788, Rae: ford, worthless checks'. $40 restitu tion to J.H. Blue, Jr., and costs; $34.90 and $66.10 restitution to Macks Stores and costs. Charlotte Elizabeth Kelso, Rock ingham, speeding 66 in a 55 zone, $10 and costs. %' Andrew David Frahm, Raeford, unsafe move, costs. Lewis Wayne Royster, Ft. Bragg, no valid operator's license, $25 and costs. Vonzelle Porter, Raeford, speed ing 47 in a 35 zone, $10 and costs. Georg Moskaluk, Fayetteville, passing on a grade crest, $10 and costs. James Thomas McLean, Box 56, . Lumber Bridge, speeding 48 in a 35 ? zone, $10 and costs. The following judgments were issued during the week of Novem ber 8 by Hoke County Magistrates. Mattie L. Singletary, 405 E. Prospect Ave., Raeford, worthless check, S40.44 to Jackson's FMA, and costs. Donald K. Hough, Rt. 2, Rae ford. worthless check, $50 restitu tion to Mack Tools, and costs. Robert Taylor, Junction City, Kans., speeding 65 in a 55 zone. $5 and costs. Chester Lewis Thomas, West End. speeding 50 in a 35 zone, $10 and costs. Michael Hubert Waters, Hope Mills, speeding 66 in a 55 zone, $10 and costs. Helen Schenk Wolfe, Greens boro, passing at an intersection, $10 and costs. Area Incidents David Lee Smith, 308 N. Wright St., Raeford, expired state registra tion, costs. Kathleen Louise Stark, Rt. 4, Fayetteville, speeding 67 in a 55 zone, $10 and costs. Robert Henry Swain, Charlotte, speeding 66 in a 55 zone, $10 and costs. Wayland Edward Parker, Jack sonville Beach, Fla., speeding 66 in a 55 zone, $10 and costs. Tommy Ray Powell, Fayetteville, failing to drive on the right, costs. Sallie Darlene Riggins, Rt. 3, Raeford, no operator's license (medical cancellation), $25 and costs. Roy Carlton Robinson, Sr., Fay etteville, speeding 59 in a 45 zone, $10 and costs. George Everett Russell, Pine hurst, speeding 65 iti'a 55 tone, $5 and costs. EfFie Patterson McCollum, Rt. 3, Raeford, speeding 64 in a 55 zone, $5 and costs. Kathleen A. McDonald, Pine hurst, speeding 70 in a 55 zone, $10 and costs. Evander McLean, Jr., Rt. 1, Laurel Hill, speeding 65 in a 55 zone, $5 and costs. Oscar Bryan Kerns, Rt. 3, Dunn, followed too closely, costs. Kathryn Allen Marshburn, Charlotte, failing to stop at a stop sign, costs. Phyllis Ann Mull, Rt. 2, Rae ford, failing to stop at a stop sign, costs. Raymond Woodbury Kidder, Lincolnton, speeding 67 in a 55 zone, $10 and costs. James Colon Lindsay, Enka, violation of oversize-movement per mit, $10 and costs. Clint Locklear, Rt. 1, Shannon, no operator's license, $25 and costs. Gail Fulk Lowery, Rt. 3, Rae ford, speeding 45 in a 35 zone, $5 and costs. Robert Cary Maples, Laurin burg, speeding 68 in a 55 zone, $10 and costs. Delores Jeanette Johnson, Rt. 1, Raeford, speeding 45 in a 35 zone, $5 and costs. Harlie Hammonds, Jr., Char lotte, speeding 65 in a 55 zone, $5 and costs. Sharon Lynn Harris, Fayette ville, speeding 63 in a 55 zone, failing to comply with driver's license restriction, to wear correc tive lenses, $25 and costs. Irma Crowley Hedgepeth, Rae ford, failing to stop for a red light, costs. Billy Gordon Henry, Fayetteville, speeding 60 in a 45 zone, $10 and costs. "Robert K^fidall Hill, Rt. 1, Grifton, speeding 66 in a 55 zone, S10 and costs. Lillie Howe Holt, Raeford, speeding 59 in a 45 zone, $10 and costs. Loyd Thomas Honeycutt, Rae ford, speeding 55 in a 45 zone, $5 and costs. Marty Fann Connor, Fayette ville, speeding 67 in a 55 zone, $10 and costs. Carl Rufus Creech, Fayetteville, speeding 65 in a 55 zone, $5 and costs. Marie McCollum Dobbins, Rt. 1, Raeford, speeding 67 in a 55 zone, S10 and costs. Helen Moore Dukes, Rt. 1, Raeford, speeding 47 in a 35 zone, $10 and costs. William Carroll Goodwin, Jr., Laurinburg, speeding 70 in a 55 zone, S10 and costs. Yvonne Moore Francis, Rt. 3, Raeford, following too closely, costs. Harold Hailey, Rt. 1, Shannon, speeding 57 in a 45 zone, $10 and costs. Sabrina Doraine Barnes, Rae ford, failing to yield right of way at a stop sign, costs. Linda Bass, Lumberton, speed ing 68 in a 55 zone, $10 and costs. Linda Addie Abrams, Rt. 4, Raeford, speeding 67 in a 55 zone, $10 and costs. Willie Lee Best, Raleigh, speed ing 70 in a 55 zone, $10 and costs. Edward Carlton Blue, Raeford, no operator's license, $25 and costs. Robert Lee Boggs, Fayetteville, speeding 65 in a 55 zone, $5 and costs. Helen Joyce Booker, Angier, speeding 65 in a 55 zone, $5 and costs. Benjamin Q. Briggs, Maxton. speeding 55 in a 45 zone; S5 and costs. Handy Brown, Jr., Cheraw, S.C., speeding 65 in a 55 zone, $5 and costs. Mary Jackson Carter, Hope Mills, failing to drive on the right, costs. Millard Chavis, Greensboro, speeding 65 in a 55 zone, $5 and costs. Michael Anthony Clay, Fayette ville, speeding 69 in a 55 zone, $10 and costs. Joann Dixon, Rt. 1, Raeford, worthless check, $42.50 restitution to Jackson's FMA, and costs. James Alexander Scriven, Fay etteville, speeding 45 in a 35 zone, $5 and costs. Chigbo Umerah, Fayetteville, failing to stop at a stop sign, costs. Lanie Adams McNair, Raeford, speeding 47 in a 35 zone, $10 and costs. Sharon Damico, Laurel Hill, speeding 68 in a 55 zone, $10 and costs. 3 Larcenies Reported In Area Three cases of larceny in the South Hoke area and one in the North Hoke section were reported ^Saturday to the Hoke County Sheriff s Department. Someone stole S32 worth of property from the Jaycee Hut, someone, possibly the same person, took $385 worth from a car parked at South Hoke Auto Sales, and $120 worth, including a jewelry box, was taken from a trailer rented to Victory Locklear. ^ The property stolen from the car consisted of a radio, tape player. two radio speakers, and an equalizer. North of Raeford, someone stole a water pump worth SI 25 from the property of Henry McCall on Rt. 4, Raeford. The following were reported to the Raeford Police Department, according to Police Chief Leonard Wiggins. A man paid $10 in advance for gas, then put $13.02 worth in the tank of his vehicle and drove away without paying the difference. The Pantry on East Central Avenue reported November 17. Carl H. Quick told police Friday Rasv. 323-1114 Box Office Open Noon-# p.m. Daily Bordeaux Dinner Theatre Bordeaux Motor Inn Village ft Owen Drives ? Fayetteville Wed. thru Sun. Evenings (Ona Matin ee Sun. 11/281 Celebrate Your Special Days With Us L-mattrw Tha Muticml Fare* That Mad* Carol Burnatt Famous Senior Citizen, Student and Qroup Discounts someone stole the left front hubcap worth S60 from his car while it was parked at Hoke County High School Thursday night. He said his son had driven the car to the school. James R. Weaver, 109 W. Fifth Ave., reported Friday someone stole his 1978 Buick from a parking lot at Hoke County High School. The car was found, undamaged, later in the afternoon behind the North Raeford Fire Department building by a Hoke County sheriff s officer. Carl Hendrix, Rt. 3, Raeford, reported Saturday the rear window of his car was shattered as he was driving on West Prospect Avenue. He said he heard a noise at the back window as he was traveling near the highway bridge. The damage amounted to about $20. Someone stole the SI 25 motor cycle helmet of Donald McLean, Rt. 2, Raeford, Saturday after he parked it at The Pantry on Harris Avenue and went into the store. * * ? Use credit wisely, purchasing only things which are necessary. Credit carries a price. It can be convenience or quicksand for shop pers. RAEFORD Animal Clinic Animal Health Pet Supplies Bathing, Boarding, and Grooming by Appointment 875-83 12 Harri? Ave., Racford, N.C. The Hoke County Rescue Squad has increased its rescue capabilities by adding an underwater rescue team. The primary purpose for the dive team is the search and recovery of drowning victims. By using divers over dragg ing, it is possible to locate victims faster, increasing causes for survival. The underwater rescue team has already recovered one victim this year, on July 26 when a car plunged into about 20 feet of water in Moll Lake at Fort Bragg. The underwater rescue team has three certified divers. Kemp Crumper, (right) who is a dive master; Lawrence Conoly (not pictured), advanced open water diver, and Dick McNeill (left), an open water diver and the other members of the Rescue Squad for boat and shore opera tions. Court Dusted Here (Continued from page 1) Whether it was aimed at the prosecution or the defense, he said, he didn't know. It was discovered shortly before the murder trial of Perry Wayne Lowery was resumed. But whether it was aimed at people involved in this trial, or at its outcome, or at another case was not known by court officers. A member of the court clerk's United Way For 1982-8$ The Hoke County United Fund held its annual meeting on Tues day, November 16, at the Hoke County Public Library. Officers for 1982-83 are: Ken Witherspoon, President; John Leandro, Vice President; Rhonda 'Holt, Secretary; and Onnie Dudley, Treasurer. Bill Archer, John Howard, Betty Rogers and Onnie Dudley were elected to a three year term which runs until June 30, 1985. Other members of the Board in addition to the officers are: Richard Fergison. L.S. Brock. Don Steed. Kay Thomas, and Neil A. McNeill. A statement of financial affairs revealed that all member agencies will receive their full allocation this year. Witherspoon said this was a most successful campaign, raising over S21.000. Because of new licensing require ments, the Board of Directors were required to adopt a new set of by-laws. Member agencies will be pro vided a copy for their review. The staff said goofer dust was dis covered twice in recent years in District Court, but it has been many years since the dust was spread in Superior Court. Someone else said the pheno menon is not unique to Hoke County. "There's a lot of it in Robeson County," she said. Gearing Up Campaign Board was informed that the United Fund is legally licensed to raise and distribute funds. Representatives of the Boy Scouts, Girl Scouts, and St. Joseph's Home Health Agency reported on the successful activities now occurring in Hoke County. The Board was pleased to hear the numbers of Hoke County residents benefiting from these programs. Board members also discussed the need for improved recognition of both contributors and member agencies. Witherspoon assured the Board that plans would be implemented in the very near future. The United Fund Board of Directors will meet quarterly with the intent of improving the effec tiveness of the United Fund in Hoke County. IA.A. Meetings Wed, 8 p.m. Nursing Home Dining Room ORDER NOW 24 ? TO 26" BALSAM FUR CHRISTMAS WREATH '??* ?1 SELECTED PERFECT SHAPE BALSAM FUR ? O 6 TO 7 FT CHRISTMAS TREES * X O CUT FRESH DAY OF SHIPMENT To Order Call 875-2282 or 875-4083 Order by Noon Nov. 30th Available First Week of December RAEFORD WOMAN'S CLUB PROJECT , ??4 Teleflora's Cranberry Mold Bouquet Don't be late for dinner. Call your Teleflorist early to assure timely holiday delivery. Just ask for the Cranberry Mold Bouquet from Teleflora. Because with Teleflora, the flowers always come in something as pretty as the flowers themselves. Thanksgiving, November 25. CALICO CORNER 325 N. MAIN - RAEFORD, N.C. TELEPHONE 875-8245