Cooper v. State, 43294
| Decision Date | 03 September 1986 |
| Docket Number | No. 43294,43294 |
| Citation | 256 Ga. 234,347 S.E.2d 553 |
| Parties | COOPER v. STATE. |
| Court | Georgia Supreme Court |
Charles C. Grile, Savannah, for Dennis Alan Cooper.
Spencer Lawton, Jr., Dist. Atty., Savannah, Lars T. Granade, Asst. Dist. Atty., Michael J. Bowers, Atty. Gen., Eddie Snelling, Jr. Asst. Atty. Gen., for the State.
Appellant and his girlfriend, the victim, became involved in a quarrel. She took a shotgun from behind the bedroom door. They struggled for the gun in the house and into the yard. Appellant wrestled the gun from her, and as she attempted to run, he shot her in the back with the shotgun at a distance of about six to eighteen feet. The victim ran to a neighbor's house and collapsed. An unidentified male called the police and told them that he had killed his girlfriend. Appellant ran to the neighbor's house. The neighbor let neither the victim nor the appellant into her house but did call police. As the police drove up appellant flagged them down, obviously upset and concerned about the victim.
After being given his Miranda rights appellant told police that the victim's "boyfriend" broke into the house and shot the victim. At some point in the conversation one of the officers stated that he wanted to "help" appellant. Appellant made a statement to police that he had shot the victim. When police sought to question him later at the police station he refused to talk further and asked to see a lawyer.
At trial appellant testified that the shooting was an accident. There was testimony from Officer Ronald Matthews that on November 6, 1983, appellant and the victim were involved in an altercation during which appellant cut the victim with a knife many times on the face and arm. For this, appellant was convicted of simple battery.
The jury convicted appellant of the murder and he was sentenced to life imprisonment. He brings this appeal. We affirm. 1
1. In his first enumeration of error appellant complains that testimony concerning the incident which led to his conviction for simple battery of the victim impermissibly brought his character into issue. Evidence of previous difficulties between a defendant and victim is relevant to show defendant's motive and bent of mind. Faircloth v. State, 253 Ga. 67, 316 S.E.2d 457 (1984); Blalock v. State, 250 Ga. 441, 298 S.E.2d 477 (1983). The evidence of the prior incident was relevant here, particularly in light of the appellant's contention at trial that the shooting was an accident. Although evidence of prior difficulties should be received with care and should not be admitted at all if there is no probative connection with the present case, Barnes v. State, 157 Ga.App. 582, 277 S.E.2d 916 (1981), where the evidence sheds light on the defendant's conduct toward the victim, its relevance outweighs its prejudicial effect.
2. Appellant's second enumeration of error concerns the voluntariness of his confession to police at the scene of the shooting. He insists that the officer's statement that he wanted to "help" appellant was an offer of reward which tainted the confession in that it induced in appellant a hope of benefit. Further, appellant argues that his statement was not voluntary because of his extreme distress and concern for the victim.
During the Jackson-Denno hearing the officer was examined, and the following colloquy took place: "He didn't want to talk to you, but you talked him into talking to you, didn't he?" "Yes." "Because you said, I want to help you; right?" "Yes." "How were you going to help him?" "Because at the time, I felt he needed help and most time when a person need help they need someone to talk to him and I was going to help by listening to what he had to say." The officer said when appellant told him that his girlfriend's boyfriend shot her he told appellant, " ... look, just take your time and level with me, 'cause I want to help you." When appellant on the ride to police station asked if the victim was dead or how badly she was hurt, the officer told him not to worry about it, that he did not believe she was dead, even though he knew she was dead. The officer testified that on the ride back to the station house he was mainly interested in getting the defendant back to the station where he could write down the statement. He was alone with the defendant and kept reassuring him about the condition of the victim in order not to upset him. When they reached the station the defendant was given his rights again and refused to talk to the detectives further.
The trial judge found after the Jackson-Denno hearing that the "minimum requirements" of Jackson-Denno had been met,...
To continue reading
Request your trial
-
McTaggart v. State
...of aggravated assault had a probative connection with the instant crime of solicitation to murder the same victim. Cooper v. State, 256 Ga. 234, 235, 347 S.E.2d 553 (1986). These quarrels, threats, and the assault, continuing up to the present offense, "may shed some light upon the motive f......
-
The State v. Brown.
...admonition to tell the truth by saying “I'm trying to help you” did not require exclusion of confession); Cooper v. State, 256 Ga. 234, 235(2), 347 S.E.2d 553 (1986) (holding that officer's statement that he wanted to help accused did not render confession involuntary); Caffo v. State, 247 ......
-
Newland v. Hall
...or mental torture" and "benefit" as "the hope of a lighter sentence" for the individual being interrogated. Cooper v. State, 256 Ga. 234, 347 S.E.2d 553, 555 (1986) (defining "benefit")49; State v. Roberts, 273 Ga. 514, 543 S.E.2d 725, 729 (2001) (citing Coker v. State, 199 Ga. 20, 33 S.E.2......
-
Givens v. State
...sheds light on the defendant's conduct toward the victim, its relevance outweighs its prejudicial effect." Cooper v. State, 256 Ga. 234, 235(1), 347 S.E.2d 553 (1986). The lapse of time between the prior difficulties and the offenses charged goes to the weight and credibility of the testimo......