Jackson v. State
| Decision Date | 30 January 1967 |
| Docket Number | No. 5166,5166 |
| Parties | William JACKSON, Appellant, v. The STATE of Arkansas, Appellee. |
| Court | Arkansas Supreme Court |
Coleman, Gantt, Ramsay & Cox, Pine Bluff, for appellant.
Bruce Bennett, Atty. Gen., Fletcher Jackson, Asst. Atty. Gen., Little Rock, for appellee.
This appeal comes to us under Criminal Procedure Rule No. 1.
On March 2, 1964 William Jackson (appellant) was tried and convicted for the crime of burglary and sentenced to five years in the penitentiary. The information charged that he and Timothy Hawkins, on November 18, 1963, unlawfully broke into a grocery store owned by Howard Baker in Jefferson County with the intent to commit burglary. No appeal was taken, but on July 26, 1965 appellant filed a petition for a writ of habeas corpus in the Jefferson County Circuit Court alleging his constitutional rights had been denied at the 1964 trial. The petition was denied and, on certiorari to this Court, we granted this appeal. The case is now here for a review of the record made at the 1964 trial.
For reversal appellant relies on three separate assignments of error.
One. Two days after the burglary was allegedly committed appellant (and Hawkins, an accomplice) became involved in an alleged robbery in Jackson, Mississippi, and both were apprehended there by enforcement officers, and appellant was later returned to this State. He allegedly made certain incriminating statements to officers tending to involve him in the burglary in this State. These incriminating statements were admitted in evidence at the 1964 trial over proper objections.
It is here contended by appellant that the admission of said statements violated his constitutional rights because he was not advised of his rights to remain silent and to be represented by counsel. In support of his contention appellant relies on the holdings in Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 and Miranda v. State of Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.
Conceding, for the purpose of this opinion, appellant is correct in his interpretation of the holdings in the above mentioned cases, his contention for a reversal must fail. As previously pointed out appellant was convicted on March 2, 1964. The Escobedo case was decided on June 22, 1964 and the Miranda case was decided on June 13, 1966. In the case of Johnson v. State of New Jersey, 384 U.S. 719, 86 S.Ct. 1772, 16 L.Ed.2d 882, it was held that the above mentioned cases were not retroactive.
There is nothing in the record to show appellant was induced to make the statements by any threat or promise of leniency.
Two. This point deals with the question of illegal search and seizure. We agree with appellant that evidence obtained by such methods is not admissible.
At the 1964 trial the State introduced in evidence a pistol found in the possession of appellant while he was in Jackson, Mississippi. It was further shown at the trial that this pistol belonged to Howard Baker and that it was taken from his store at the time of the burglary.
It is here insisted by appellant that the officers obtained possession of the pistol by an illegal search of his motel room in Jackson. Again we cannot agree with appellant, under the facts revealed by the record.
Appellant and Hawkins were suspected of having burglarized a store in Jackson two days after the burglary in this State. Witnesses notified the officers they had seen appellant and Hawkins near the store at the time of the burglary. While investigating the scene of the crime the officers found a key attached to a tab which revealed the room number of a certain motel. The officers went to the room and found appellant and Hawkins. A search of the room revealed incriminating evidence and also the pistol in question. One officer testified he did not obtain a search warrant because he felt it was a case of emergency and that the men might leave town since they were traveling in a car. The officers took possession of the pistol which they found in a desk drawer and placed the men under arrest. Under these circumstances we think the officers were justified in what they did under the holdings in Ker v. State of California, 374 U.S. 23, 83 S.Ct. 1623, 10 L.Ed.2d 726 which discusses and evaluates numerous other decisions dealing with this same question. Also,...
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