Johnson v. State

• Citation: 78 N.E.2d 158,226 Ind. 179
• Decision Date: 25 March 1948
• Docket Number: 28348.
• Parties: JOHNSON v. STATE.
• Court: Supreme Court of Indiana

78 N.E.2d 158

226 Ind. 179

JOHNSON v. STATE.

No. 28348.

Supreme Court of Indiana

March 25, 1948

Appeal from Bartholomew Circuit Court; George W. Long, Judge.

Ireland Denton & Fish and Emanuel H. Baugh, all of Evansville for appellant.

Cleon H. Foust, Atty. Gen., and Frank Coughlin, 1st Deputy Atty Gen., and Merl Wall, Deputy Atty. Gen., and Harold Meloy Pros. Atty. Shelby County, of Shelbyville, and William Lienberger, Pros. Atty. Bartholomew County, of Columbus, for appellee.

STARR Judge.

The appellant, William Virgil Johnson, was prosecuted by an indictment for the crime of murder in the first degree. The indictment was returned by the Grand Jury of Shelby County and charged the appellant and three other co-defendants, namely, William Francis Price, Vera Hornback and Mary Ruth Ward, with the killing of one Herbert Smith. After the defendants were arraigned and after they had each entered pleas of not guilty, upon motion of the appellant and one of his co-defendants, the cause was venued to Bartholomew County where each defendant moved for a separate trial. Thereupon, the Court ordered the appellant and the defendant, William Francis Price, be tried jointly and that the other defendants be tried jointly. Trial of the appellant and defendant Price was had before a jury which resulted in a verdict finding the appellant and defendant Price each guilty of murder in the first degree and fixing the punishment of each at life imprisonment. Thereupon, the Court rendered judgment on the verdict committing the appellant and his co-defendant Price to the Indiana State Prison during life. It is from this judgment this appeal is taken.

During the course of the trial the appellee offered in evidence a purported written confession signed by the appellant. At the time of this offer the appellant objected to the same and asked leave to introduce evidence of violence and duress. Leave was granted and in the absence of the jury the Court heard evidence as to the voluntary character of this confession. After this preliminary hearing was had the statement was admitted in evidence. By proper assignment of error appellant has questioned the admission of this confession.

Putting aside the controverted evidence and taking only the undisputed testimony, the following facts and events were established and brought out in this preliminary hearing, and by the evidence produced by the State before the statement was offered in evidence.

On December 5, 1946, at about two p. m., Herbert Smith, an Indiana State Police officer, was shot and killed on State Road 9 about two miles north of Shelbyville, Indiana. Immediately thereafter the defendants were seen running through the fields in a westerly direction. A posse formed in a few minutes consisting of State Police and other law enforcing officers and some civilians. Immediately this body of men started in pursuit and captured the defendants at about 3:10 p. m., at a point approximately eighty rods west of said State Road 9. When captured the defendants had their hands raised in the air and offered no resistance. Appellant and defendant Price were each handcuffed immediately with their hands behind them; the other defendants were handcuffed together.

After being handcuffed the defendants were escorted by the posse to the road. The trip back to the road took twenty to thirty minutes. Proceeding at an ordinary pace it should have taken six or seven minutes. As soon as appellant and defendant Price were handcuffed the police began beating them with their fists. During the trip back to the road they knocked Price down at least seven or eight times and hit him in the face twenty-five or thirty times. At least fifteen different police hit him. During this time Johnson was being beaten in a similar manner not only by police officers but also by civilians. As one officer struck him this officer remarked 'You can dish it out, now see if you can take some of it.' The appellant was not beaten as severely as defendant Price.

This beating continued for twenty to thirty minutes and until they arrived at the barn lot of a Mr. Arnold located adjacent to the road. As Johnson was being held by each arm, after arriving at the barn lot, a policeman came up and struck him 'as hard as he could.' Appellant and defendant Price were then placed in an automobile with members of the State Police force who had assisted in their capture and driven to Shelbyville where they arrived shortly before four p. m. During the course of this journey appellant and Price were again struck by the officers accompanying them. After a very short time they accompanied these officers in an automobile from Shelbyville to Indianapolis where they were taken to the headquarters of the State Police. They arrived at headquarters shortly before seven p. m. The other defendants were also taken to headquarters and arrived about the same time. At that time Price's face was puffed; mouth, right eye and nose were swollen, discolored and bloody, and his clothing muddy and disarranged. Johnson's face was not bloody but bruised and his clothing muddy and disarranged. He looked like he had been 'pushed around.' On the trip from Shelbyville to Indianapolis appellant and Price were cursed by the officers accompanying them.

One of the witnesses for the State testified that appellant and the other defendants, when they arrived at the State Police Headquarters, appeared remorseful and dejected; another, that they appeared submissive to the same degree as any little boy when he does something wrong; also, that Price...