Thе defendant Vessel was found guilty without capital punishment of murder. La.R.S. 14:30; La.C.Cr.P. Art. 817. He was sentencеd to life imprisonment.
On his appeal, the defendant- principally contends that his written confession was improperly admitted into evidence, and that the murder weapon and other evidence recovered as a result of his involuntary oral statements should аlso have been excluded as the fruit of a poisoned tree.
The defendant arguеs that the confession (and the statements leading to the recovery of the incriminating evidence) did not result from a knowing and- intelligent waiver of his privilege against self-incrimi *303 nation. It is suggested that they should be regarded as involuntary, being the product of an unduly lengthy interrogation оf this uneducated 17-year-old Negro boy unrepresented by counsel.
In finding that the confession and the statements were voluntary, the trial court relied upon the testimony of the two invеstigating detectives and of an investigator -from the district attorney’s office.
According tо them, Vessel was given the pre-interrogation warnings required by Miranda v. Arizona,
The testimony of the two investigating detectives shows that Vessel was interrogated on three days: the day of his arrest, the day following, and then the next day. On each occasion, the period of interrogation was less than an hour.
On the first two days’ interrogation, the defendant Vessel had denied guilt. On the third day, following a visit from his father аnd sister, he admitted he knew where the murder weapon and other evidence were hidden (although denying participation in the murder) ; he led the officers to the house under which the weapon and evidence had been placed and helped the officers to find them.
Vessel then told the officers he was ready to confess. He was again warned he did not have to make any statement and that the officers would quit questioning him any time he wished. Nevertheless, he made a full confession of his participation in the crime, freеly signing it after it was reduced to writing.
The defendant Vessel testified that he had not received thе Miranda warnings and that the detectives had beaten him. He did admit that he had not told his father (whо had visited him during his jailing) of the alleged beatings. The police officers positively denied them.
The State’s evidence shows that the statements and the confession were freely and voluntarily made, after the defendant Vessel had been fully informed of and had waived his constitutional rights. No evidence shows prolonged and isolated questioning, such as would wear down the will of an accused of the defendant’s youth.
The accused was interrogated during rеlatively brief periods on each of three days, and he was not denied access to his family and their advice during this period. He was informed of his right to an attorney, but waived it.
*305 He is shown to possess an eighth grade education, to be able to read, and to be of normal intelligence. There is no evidence to suggest he was not fully able to understand his right to rеmain silent and to have a lawyer if he wished one.
After hearing all the evidence, the trial judge determined that the Miranda warnings had been given and understood and that the defendant’s stаtements were not the product of coercion or duress. Such a factual detеrmination by the trial judge is given great weight. It will not be disturbed on appeal unless it is clearly errоneous. State v. Hall,
By his brief on appeal, the defendant also argues that the trial сourt erred in failing to grant a directed verdict and new trial. The sole basis for this argument is that, if thе confession and murder weapon are excluded as illegally obtained, then therе is no evidence at all to support a conviction.'
Aside from procedural rеasons why this court could not allow the relief as to a directed verdict (see State v. Williams,
For the foregoing reason, we affirm the conviction and sentence.
Affirmed.