492 So. 2d 1026 | Ala. Crim. App. | 1986
This appeal follows a conviction of manslaughter and a sentence of ten years' imprisonment. For the reasons outlined below, the conviction is hereby affirmed.
On February 22, 1984, the body of John Timpa was discovered. He had been shot twice by a .30-30 rifle. Later that day, in the course of his investigation, Sgt. Harris, of the Jefferson County Sheriff's Department, talked to the appellant after finding appellant's name and phone number in Timpa's clothing. Appellant denied knowing Timpa, and Officer Harris told appellant that he would be in contact with him. On February 24, 1984, the appellant telephoned Sgt. Harris to ask if he could leave town for a day or so. Sgt. Harris indicated that it would be all right for him to leave and that he would contact him if necessary. On February 26, 1984, Sgt. Harris asked the appellant to come to the police station for questioning; no threats or promises were made. When appellant stated that he owned a .30-30 rifle and that he did in fact know the deceased and had slept with him, the officers stopped the interview and advised the appellant of his Miranda rights. The appellant contends that these pre-Miranda statements were elicited during a custodial investigation and, thus, that he had been deprived of his constitutional rights.
The safeguards provided by the United States Supreme Court inMiranda v. Arizona,
As to the subjective intent of the police, Sgt. Hill maintains that his intent was to conduct further investigation. Moreover, this court has stated that "Miranda warnings are not required simply because the police may suspect the one being questioned." Primm, supra, at 1158. Further, it is not determinative that the police initiated and arranged for the conversation. Primm, supra, at 1158. An "undisclosed intent to arrest cannot transform a non-custodial situation into a custodial one." Harris v. State,
Before the appellant made the incriminating statement, he was told by Sgt. Harris that he could go out of town overnight, and no threats were made to him when he was asked to come to the station for questioning. The facts here are easily distinguishable from those of Harrison v. State,
This court has heard a case similar to the one at bar, Clisbyv. State,
The appellant was not in custody when he made the two incriminating statements. He was questioned in the course of ordinary investigation. When his involvement in the crime was revealed by his statements, questioning was immediately stopped and he was advised of his constitutional rights.
AFFIRMED.
All the Judges concur.