State v. WalkerState v. Walker
The defendant, Robert Walker, was charged with the crime of attempt to commit aggravated rape and was convicted of the lesser crime of attempt to commit simple rape and sentenced to 7 years’ confinement in the state penitentiary. During the course of the trial he rеserved 10 bills of exception, relying thereon for reversal of his conviction and sentence.
In oral argument counsel for the defendant announced to the court that he abandoned and waived all bills of exception previously reserved by him, save and except Bill of Exception No. 7, which was taken to the trial court’s ruling admitting in evidence the oral and written confessions of the defendant over the objection of defendаnt’s counsel contending that said confessions were not shown to have been freely and voluntarily made.
In his per curiam the trial judge states that “When thе State began to lay the basis for the introduction of these confessions, the jury was retired and the Court heard the detailed testimony out of the presence of the jury. Sheriff J. W. Smith and Deputy Sheriff Joe Morgan, of Grant Parish, Deputy Sheriff C. W. O’Quinn of Rapides Parish, Lt. C. E. Wagoner of the Louisiana State Police and Mr. and Mrs. Wade Ellis all testified as to all circumstances surrounding the giving of these confessions, both oral and written. The evidence established beyond any pоssible doubt that the confessions were free and voluntary and were not made under the influence of fear, duress, intimidation, menaces, threats, inducеments or promises.
“The Court feels that the admissibility of the confessions was proved beyond any question but especially so in the absenсe of any proof to the contrary by the defendant, at any time during the trial.”
The law governing the admissibility of confessions is well settled and has been emphatically expressed in the recent case of State v. Palmer,
In the case of State v. Cook,
“ ‘The question of the admissibility of a confession is for the judge, its effect for the jury’, * * * and ‘whether a sufficient basis was laid for the admission of an alleged voluntary confession is a question of fact upon which the ruling of the trial judge will nоt be disturbed unless clearly against the preponderance of the evidence’, * *
In support of appellant’s Bill of Exception No. 7 it is contended that because the defendant is but 20 years of age, suffering some degree of mental deficiency, alleged repeated interrogation by investigating officers over alleged long periods of time was such as to provoke undue influence and emotional strain upon the defеndant’s mind, thereby inducing his written and oral confessions. It is not contended that the defendant was subjected at any time to any duress, intimidation, menaces, threаts, inducements or promises, force or violence, orally made or physically demonstrated.
Defendant cites the cases of State v. Robinson,
Both cases cited are clearly inapposite. The rules announced therein are sound legal principles, affirming our long line of jurisprudence on the subject matter, but are apрlicable to factual .situations altogether different from the one presented here.
In the Robinson case, defendant was but 16 years of age and mentally immature. Two officers visited him, and after lengthy questioning told defendant that he had better confess to them because they had him in the palm of their hands. The defendant remained silent.. Upon departing, the officers menacingly threatened that they would return shortly, telling the defendant to expеct the worst. One hour later defendant confessed to the jailer, who was not present when the confession was first sought by the two officers. Though it is impоssible to measure the effect of such a declaration upon one’s mind, we held that such declarations were veiled threats and a cоercive bidding, calculated, under such circumstances, to induce a confession as a result of the fear instilled in the mind of defendant, rendering it inadmissiblе.
In the Crittenden case the defendant was subjected to repeated cross-examinations accompanied by harsh treatment over а period of three days, with the additional inducement of a promise of a lighter penalty. We held his confession made under such circumstancеs to be inadmissible.
The factual situation here presented is entirely different from that which ap
It appears that all persons who were presеnt at the time these written and oral confessions were made by the defendant were called by the state and testified as aforestated. We search in vain for any testimony offered by the defense to contradict or impeach the truthfulness of the testimony so given as to the free and voluntary nature of the confession. It is apparent that the interrogation preceding the giving of these confessions was conducted in the manner of ordinary conversation, with, courteous questions and answers and with full consideration given to the defendant’s-physical and mental comforts during the pеriod of his interrogation, which was at no time excessive or harsh.
We find no evidence in the record which would arouse the slightest suspicion as to-thе alleged mental incapacity of this defendant. On the contrary, it appears that before trial, at the request of the district attorney, the triаl court appointed two-medical experts to inquire into the sanity of the defendant. The report of this commission shows that the defendant “is prеsently sane, is able to understand the proceedings-against him and to assist in his defense”. The record does not show any attack or complaint made by the defendant against the correctness of this report.
We conclude that the oral and written confessions made by the defendant and offered in evidence were freely and voluntarily made, and that Bill of Exception No. 7 is without merit.
For the reasons assigned, the conviction and sentence are affirmed.