Evans v. State, 27086
| Decision Date | 06 April 1972 |
| Docket Number | No. 27086,27086 |
| Parties | Isiah EVANS v. The STATE. |
| Court | Georgia Supreme Court |
Morton G. Forbes, Savannah, for appellant.
Andrew J. Ryan, Jr., Dist. Atty., Andrew J. Ryan, III, Savannah, Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton David L. G. King, Jr., Asst. Attys. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Isiah Evans was convicted in the Superior Court of Chatham County for the offense of armed robbery and was sentenced to serve twenty years in the penitentiary. He appeals to this court. Held:
1. The appellant contends that he was not advised of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed. 694. The evidence does not show that the appellant made any statement to the investigating officers or that they ever interrogated him about the charges brought against him. The contention is without merit.
2. The appellant contends that the court erred in allowing Robert E. Falligant, Jr., whom he contends had previously been appointed to represent him, to participate in the preparation of the State's case; that Falligant had appeared on his behalf at the preliminary hearing; that thereafter Falligant was appointed to the District Attorney's staff; and that Falligant indirectly participated in his prosecution and disclosed privileged and confidential information obtained from him.
The record shows that Falligant's name appeared as attorney for the appellant on the criminal warrant.
Before this trial began, the attorney for the appellant stated to the court that Falligant was the original attorney appointed by the court to represent the appellant. Andrew J. Ryan, III, Assistant District Attorney, who represented the State in this prosecution, then stated to the court that he wanted to
The attorney for the appellant insists that Falligant was present in the courtroom when Ryan made this statement and that he has reason to believe that Falligant and Ryan participated jointly in the preparation of the State's case.
There is nothing in this record which shows that Falligant even discussed this case with the appellant or even knew that his name appeared on the criminal warrant as the appointed attorney. The record shows that the prosecution was conducted by Ryan and there is nothing in the record to show that Falligant participated in the prosecution in any way.
It follows that this enumeration of error is without merit.
3. The jury was authorized to find from the evidence that Isiah Evans, Cephas Scott and another man drove into the Spur Service Station in Chatham County in a 1960 black Cadillac on May 23, 1970; that Evans went into the station and bought a pack of cigarettes; that about 11:34 p.m. that same day, the vehicle returned and Evans and Scott went into the station and into the rest room. When they came from the rest room, Scott had a pistol in his hands; they forced the attendant, Warren Austin, to go into the rest room; and that they frisked him and took from him about $10 in change, $15 in bills, and his wallet containing $3. Scott said that there must be more money than that, gave Evans the gun, and went into the other room and rifled the drawers in the office of the station; and that when Scott returned to the rest room, Evans asked him if he should shoot Austin and was told 'no'. They told Austin to stay in the rest room 15 minutes. A room at the back of the station contained a cot where another attendant, Pat Waddell, was lying down but was not asleep. When the door to this room was opened by the robbers, Waddell saw them pointing a gun at him, he grabbed the gun, a scuffle ensued, he was struck on the side of the head with a pack of cold drinks, he fell back on to the cot; and then Evans shot him in the chest. Waddell had seen Evans in the station several times before but had never sold him a gun. After the robbers left the station, Austin came from the rest room to see about Waddell. Both attendants identified the gun introduced in evidence as being similar to the one used in the robbery. Austin identified the Cadillac as being similar to the one used in the robbery.
The police were called about 11:45 p.m. immediately after the robbery. Description of the robbers and the Cadillac were given to them as well as the amount and kind of money taken in the robbery. The police began patrolling the area and about an hour later saw a Cadillac fitting the description of the vehicle used in the robbery; the vehicle was stopped; and the two occupants fitted the descriptions which had been given the police officers. Isiah Evans and Cephas Scott were in the car; Evans had a plate of barbecue in his hands and was sitting on the passenger side; they were ordered out of the car by the officers; a .38 caliber snub-nose revolver was in plain view on the floorboard where Evans had been sitting and it had been recently fired. Evans was wearing the clothing formerly described by the victims and a pair of brown suede shoes with an orange strip on them. When Evans walked to the patrol wagon, the officers heard a jingling sound in his shoes and the shoes were removed; the officers found 3 one dollar bills in the left shoe, the right shoe contained six dollars and eighty-four cents in silver, and eight one dollar bills were found in Evans' pocket.
In his unsworn statement the...
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