253 So. 2d 154 | Fla. Dist. Ct. App. | 1971
Appellants Charles Jones and James Williams appeal jointly to this Court from a conviction of first degree murder with recommendation of mercy, entered against them consequent upon a trial by jury wherein they were accordingly convicted.
Trial errors, largely procedural, are relied upon as grounds for reversal. We have carefully analyzed the certified record of the trial lodged here in the light of the various contentions made by the trial defendants to this Court, and we are of the opinion that reversible error has not been made sufficiently to appear. We therefore affirm.
Appellants Jones and Williams were jointly indicted and tried by jury for first degree murder. By separate verdicts they were found guilty of the charge but recommended to the mercy of the Court. Joint motion for new trial or in arrest of judgment being denied defendants were each adjudged guilty and sentenced to life imprisonment.
In his closing argument to the jury the prosecutor made the statement that “there is no testimony here at all to dispute James Stroman’s statement, nothing in the record will be permitted to impeach James Stroman’s record.” Defendants objected to such statement in argument and moved for mistrial, contending that it was an indirect reference to the failure of defendants to take the witness stand and testify. However, a consideration of the entire closing argument in question discloses that the statement of the prosecutor referred not to appellants on trial but to other witnesses in the case and to the fact that Stroman as a state witness had not been contradicted by any other witness or witnesses.
Appellants also complain that the trial Court should have granted a mistrial when the prosecutor, in the presence of the jury, suggested to the trial Judge that perhaps the jury might want to rehear the testimony of a named state witness. This is not reversible error as the testimony in question was not read back nor “heard back” by the jury. No further testimony was given to the jury besides that given from the witness stand.
A detective witness for the state testified that during interrogation of Jones prior to the trial it developed that Jones had been incarcerated in connection with another criminal offense. Jones now contends that such testimony by the detective was not only inadmissible but constituted grounds for mistrial. His contention is not tenable in the present state of the record inasmuch as during the trial counsel for Jones affirmatively requested the trial Judge to not admonish the jury to disregard such testimony. Thus, Jones through his counsel, effectually waived any objection he might have otherwise had to raise the question of the propriety of the testimony in question.
Jones objected to admission in evidence of certain statements made by him to police officers prior to the trial after he had indicated he was going to get a lawyer or wanted to get a lawyer. But such “indications” on his part do not encompass the entire factual setting at the time such statements were made. Actually the record showed affirmatively that he was advised of his constitutional right from a standard “Miranda warning card” but more importantly that he had read a waiver of his rights and then had signed the same, prior to the time he made the incriminating statements in question. The law seems to be that testimony as to such statements, which might otherwise be prescribed by the doctrine of Miranda, may be released from the ban of non-disclosure by a waiver on the part of the accused, where the waiver has been knowingly, understandably, intelligently, and effectually given. The record here discloses that such test was fully met in this instance.
A recording of the pre-trial statements by Williams was admitted in evidence over objection that there had been a “break in the chain” of evidence in preserving such
This disposes adversely to appellants of the salient points urged here for reversal. Reversible error therefore not having been demonstrated, the judgments against appellants appealed from are hereby—
Affirmed.