Appellant was convicted of manslaughter in the shooting death of his brother and sentenced to ten years’ imprisonment. He first argues that the trial court erred in admitting appellant’s oral statement into evidence.
The burden, of course, is on the state to demonstrate that an in custodial statement was freely and voluntarily given, and on appeal we make an independent determination of voluntariness based on the totality of circumstances and will not set aside the trial court’s finding of voluntariness unless it is clearly against the preponderance оf the evidence, or clearly erroneous. Clark v. State,
When the arresting оfficer arrived at the scene of a family disturbance, the victim was bеing placed in an ambulance. He questioned the appellant after advising him of his constitutional rights. Appellant told the officer that he had shot his brother because he was “running over him.” Although the appellant had been drinking, he had his senses about him. Appellant admits he was advised оf his constitutional rights, there was no intimidation or coercion, and he wаs not drunk. He only disputes the officer’s testimony as to the cause of the shooting. Appellant maintains the shooting was an accident and that he so advised the officer.
Any conflicts in the testimony were fact issues which were for the trial court to resolve. Bell v. State,
Appellant’s next argument is, in essence, thаt the charge of second degree murder should have been dismissed duе to an “unamended defect in the information” inasmuch as the statutory wоrd “knowingly”
A person commits murder in the second degree if:
(b) he knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; . . .
Affirmed.
