267 Pa. Super. 41 | Pa. Super. Ct. | 1979
Appellant, Walter Garnett, Jr., appeals from the judgments of sentence imposed following his conviction by a jury in Delaware County of murder of the second degree, rape, involuntary deviate sexual intercourse and criminal conspiracy. We affirm.
Garnett first complains that confessions he made to the police, evidence of which the trial court refused to suppress and which was used against him at trial, were the product of an unnecessary delay between arrest and arraignment, citing Commonwealth v. Futch, 447 Pa. 389, 290 A.2d 417 (1972). The facts do not support this claim.
Garnett himself first contacted police to offer information he said he had withheld at the time of the crimes six months before. After several conversations with police,
Garnett further claims his confessions were not voluntary and should therefore have been suppressed because he was in an agitated mental state and the police used trickery against him. The emotional state of a defendant is only one of several factors to be considered in determining the voluntariness of a confession. Culombe v. Connecticut, 367 U.S. 568, 81 S.Ct. 1860, 6 L.Ed.2d 1037 (1961); Commonwealth ex rel. Butler v. Rundle, 429 Pa. 141, 239 A.2d 426 (1968). The tricks alleged to have been used could only have been aimed at eliciting a statement implicating Garnett’s father, who was a suspect in the crime, not a confession by Garnett himself. Thus they had no tendency to produce a false or involuntary confession. See Commonwealth v.
Garnett also asserts the trial court committed reversible error in refusing his four proposed voir dire questions concerning racial prejudice. The scope of voir dire is within the discretion of a trial judge whose decision may only be reversed for palpable error. Commonwealth v. McGrew, 375 Pa. 518, 100 A.2d 467 (1953). The court itself voir dired the panel regarding whether they would be unable to render a verdict on the law and the evidence because the defendant was a black man.
Judgment of sentence affirmed.
. The victim was also black.
. Appellant raises four additional claims: (1) refusal of the trial court to accept appellant’s proposed voir dire questions designed to explore ability to understand and apply principles of law was error; (2) the hypothetical questions posed by the district attorney to a Commonwealth witness, a forensic pathologist, were without foundation and prejudicial; (3) refusal of the court to grant certain requested points for charge was error; and, (4) the verdict is contrary to the weight of the evidence and the law. We find these contentions to be devoid of merit.