Woods v. StateWoods v. State
- Reporters:
- , ,
- Before:
- Hill
The jury found the defendant guilty of murder and she was sentenced to life in prison. The jury was authorized from the evidence to find that on the night in question the defendant and the victim had an argument at the victim’s trailer, that the defendant’s husband broke up the fight between the two women by forcing his wife to the floor, and that the defendant and her husband then went to their own trailer located about 200 feet away. A half hour later, the defendant returned to the victim’s trailer carrying a butcher knife. When the victim opened the trailer door, the defendant pulled her out onto the steps. The victim was heard to say, “Oh my God. Donna, don’t cut me, please don’t cut me.” A struggle ensued in the presence of three eyewitnesses. The victim was stabbed three times. The defendant asked one of the eyewitnesses to call the police and then said to the witness “I meant to do it, but I hope she don’t die.” The victim was alive when she was removed to the hospital. She died the next day, from the three stab wounds.
The defendant testified at trial that she had been drinking and arguing with the victim, that she did not intend to kill the victim, and that she hit her head during the scuffle and could not remember what happened after that. She admitted that the knife was hers and that she had it in her hand the last she remembered. The jury was charged as to murder, voluntary manslaughter and accident, and found the defendant guilty of murder.
1. The police officer who responded to the call testified that in the process of administering first aid to
The defendant contends that this statement is inadmissible because the “finger of suspicion” had sufficiently pointed to the defendant so as to require that she be advised of her constitutional rights under Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694) (1966). By its own terms Miranda is applicable to in-custody interrogation; it does not apply to general on-the-scene questioning. 384 U. S. at 477-478; Wilburn v. State, 230 Ga. 675 (2) (198 SE2d 857) (1973). The statement in question was voluntarily and spontaneously offered by the defendant prior to her being taken into custody and was thus properly admitted by the trial court. Tucker v. State, 237 Ga. 777 (2) (229 SE2d 617) (1976). The officer’s testimony that he wanted to “secure” the defendant does not show that he intended to arrest her, but that he wanted to secure her presence for the detective. In fact, after this conversation the officer left the defendant and drove off without reporting further to the detective at that time.
2. The detective testified that he had been informed that a fight had occurred between the victim and the defendant but that he was not aware of any statements made by the defendant. The detective interviewed the defendant and her husband in the front seat of his automobile with the passenger door open.
The detective asked the defendant if she would like to tell what had happened during the incident. No Miranda warnings were given. The defendant made a statement
The victim died the following morning and a warrant for the defendant was obtained. She was arrested at her trailer and fully advised of her Miranda rights. After being taken to police headquarters, the defendant signed a second statement to the effect that she had been fully advised of her rights, that she understood the charge, that she had reviewed her first signed statement and that she wished to stand by that statement without adding or subtracting anything from it.
The trial court ruled that the two signed statements were admissible. The defendant contends that because she was not advised of her Miranda rights prior to making the first signed statement, both statements were thus inadmissible.
Rather than decide whether a second statement may incorporate a prior statement under the circumstances of this case, and pretermitting the issue of harmless error, we find that the defendant’s first written statement given while sitting in the detective’s automobile was not made while in custodial interrogation or under other compelling influences.
In Miranda v. Arizona, supra, the United States Supreme Court promulgated the following rules pertaining to police interrogation of a suspect: “. . . the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” 384 U. S. at 444.
A person is not entitled to Miranda warnings as a
The Supreme Court again considered the scope of “custodial interrogation” last year in Oregon v. Mathiason, 429 U. S. 492 (97 SC 711, 50 LE2d 714) (1977). There, the owner of a burglarized house told police she suspected Mathiason, a parolee. The police left a note at the suspect’s apartment requesting him to call. When the suspect called, an interview was scheduled at a nearby state patrol office. The door was closed and the suspect was told that he was not under arrest. The. officer stated that the police believed Mathiason had committed the burglary because his fingerprints had been found at the scene of the crime. (In fact, the police had not found Mathiason’s fingerprints.) After the officer advised the suspect that a district attorney or judge might favorably consider truthfulness, Mathiason confessed within minutes sifter entering the room. He was then given his Miranda warnings and gave a taped confession. The interview, which lasted about 30 minutes altogether, terminated and Mathiason left the police office. The
Whether or not she was a suspect, the defendant in the present case was not in custody or in a coercive environment at the time she, accompanied by her husband, was questioned by the detective in his automobile at the trailer court. Cf. Shy v. State, 234 Ga. 816, 821 (218 SE2d 599) (1975); Smith v. State, 236 Ga. 12, 19 (222 SE2d 308) (1976). The trial court did not err in admitting the first signed statement, nor in admitting the second one.
3. The defense in its opening statement and during cross examination of the police officer, referred to the statement made by the victim while waiting for the ambulance that the stabbing was not the defendant’s fault and that the victim did not want to press any charges. The trial court admitted the statement and instructed the jury that the deceased could not determine whether the prosecution should or should not be pursued and that this was a matter entirely between the state and the accused. The court also instructed the jury that the statement was admissible for the limited purpose of showing the intent of the parties. The trial court did not
4. The defendant enumerates as error the trial court stating that the defendant’s written statements would be available for the jury to read. The defendant failed to object at trial and thus waived the right to raise this on appeal. Daniels v. State, 230 Ga. 126, 127 (195 SE2d 900) (1973); Clenney v. State, 229 Ga. 561 (3) (192 SE2d 907) (1972); Blevins v. State, 220 Ga. 720 (3) (141 SE2d 426) (1965). Even had defendant raised a proper objection, she has failed to demonstrate any harm from the trial court’s statement, (Chenault v. State, 234 Ga. 216, 220 (215 SE2d 223) (1975)), because the written statements in question did not in fact go out with the jury.
5. We have carefully examined the remaining enumerations of error and find them to be without merit.
Judgment affirmed.
All the Justices concur.