Bridges v. State, 1269S278
| Decision Date | 05 November 1970 |
| Docket Number | No. 1269S278,1269S278 |
| Citation | 255 Ind. 201,263 N.E.2d 368 |
| Parties | James Arthur BRIDGES, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
John G. Bunner, Evansville, for appellant.
Theodore L. Sendak, Atty. Gen., of Indiana, Kenneth M. McDermott, Asst. Atty. Gen., Indianapolis, for appellee.
Appellant was charged by indictment with the crime of second degree murder. Trial by jury resulted in a finding of guilty of the lesser included offense of manslaughter. Appellant was sentenced to the Indiana State Prison for a period of two to twenty-one years and disfranchised for a period of four years.
The facts disclosed by the record are as follows:
On March 30, 1968, Howard W. Harper, Jr. was found dead on a gravel road in Vanderburgh County. He had severe injuries to his head and neck. After investigation by the Sheriff of Venderburgh County warrants for the arrest of the appellant were sent to various localities including Louisville, Kentucky.
On April 21, 1968, the appellant was arrested in Louisville, Kentucky, on a charge of malicious shooting and wounding with intent to kill arising out of an incident unrelated to the case at bar.
On April 22, 1968, the appellant appeared in the daily showup where Louisville police officers observed the newly arrested prisoners. At that time a police officer recognized the appellant as the same person for which the arrest warrants had been issued out of Vanderburgh County. The appellant was afforded all of the warnings required under Miranda v. Arizona (1966), 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Following these warnings appellant was advised that he was wanted in Evansville, Indiana, for auto theft and suspicion of murder. The Kentucky authorities notified the Indiana authorities that the appellant was in custody.
Deputy Sheriffs O'Risky and Gibbs were sent from Evansville to Louisville. Immediately upon coming into the presence of the appellant they identified themselves as representatives of the Vanderburgh County Sheriff's Department. They advised the appellant that they wanted to talk to him about the theft of an automobile and the death of the owner of the automobile. They advised the appellant of his constitutional rights in keeping with the Miranda decision, supra. Immediately after the oral warning as to his constitutional rights the officers took the appellant to an interview booth where they asked the appellant to read aloud a written instrument captioned Advisement of Rights and Waiver. After first reading this instrument aloud the appellant then signed the same. This instrument which is State's Exhibit 'B' in the record before us reads as follows:
'ADVISEMENT OF RIGHTS AND WAIVER
Date 4--22--68
Place Jefferson Co. Ky. Jail
I, James A. Bridges, voluntarily-without threats, duress, force, promises of immunity or reward-agree to be questioned by the Vanderburgh County Sheriff's Department, Evansville, Indiana.
I fully realize that I have the right to remain silent the entire time I am here, anything I may say can and will be used against me in any court of law, I have the right to have an attorney present, and if I cannot afford an attorney and desire to be represented, one will be appointed for me prior to any questioning.
Even after signing this form, I realize that I have the opportunity to exercise these rights at any time I wish to while I am here. I also realize that I have the right to first consult with an attorney or anyone else I wish to before signing this form or answering any questions. Nevertheless, I voluntarily request and authorize the Vanderburgh County Sheriff's Department to proceed with the questioning.
In addition, I represent that I feel all right both mentally and physically, and I know of no mental or physical ailment which might be impaired by any questioning.
IMPORTANT NOTICE: IF YOU DO NOT UNDERSTAND ANY PART OF THIS FORM, DO NOT SIGN UNTIL YOU DO.
_ _
R. H. ORisky Jr.
Charlie Gibbs
Witnesses
James A. Bridges 5:30 P.M.
This questioning was concluded at 6:30 P.M. on the above date. I completely re-affirm my above agreement and that I knowingly and intelligently continued to waive all my rights, including those listed in the second paragraph above.
I also state that during the entire time I was well-treated, submitted myself freely to the questioning knowing that I could stop the questioning any time I so desired by merely saying I wished it to stop or that I wished to consult with an attorney. Also, there were no threats, promises, inducements, or any harm done to me during the entire time I have been here, either in connection with the questioning or the signing of this form.
_ _
R. H. ORisky Jr.
Charlie Gibbs
Witnesses
State's Ex B'
James A. Bridges
In his statement to the police officers the appellant related that he met a man on Friday night near the Evansville bus station; that after riding around with the man in his automobile, they drove out into the country where the man made unnatural sex overtures. The appellant grabbed a tire iron which was in the man's car and hit him in the head three or four times.
The appellant then drove the man's car to Hopkinsville, Kentucky, and...
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Moreno v. State
...prior to giving his statement, this Court will not weigh the evidence nor judge the credibility of the witnesses. Bridges v. State (1970), 255 Ind. 201, 263 N.E.2d 368; Smith v. State (1969), 252 Ind. 425, 249 N.E.2d 493; Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387; Hutts v. Stat......
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Hutts v. State
...the defendant was adequately informed of his constitutional rights. This court will not weigh conflicting testimony. Bridges v. State (1970), 255 Ind. 201, 263 N.E.2d 368. The trial court's finding on the waiver and admissibility of the statements was supported by substantial evidence. Lynn......