Matthews v. State, No. 29575

Docket NºNo. 29575
Citation156 N.E.2d 387, 239 Ind. 252
Case DateMarch 04, 1959
CourtSupreme Court of Indiana

Page 387

156 N.E.2d 387
239 Ind. 252
Nelson B. MATTHEWS, Appellant,
v.
STATE of Indiana, Appellee.
No. 29575.
Supreme Court of Indiana.
March 4, 1959.

Page 388

Daily & Daily, Indianapolis, for appellant.

Edwin K. Steers, Atty. Gen., Owen S. Boling, Asst. Atty. Gen., for appellee.

LANDIS, Chief Justice.

Appellant was convicted of burglary in the second degree and sentenced for a period of two to five years.

He contends on this appeal that the court erred in admitting into evidence over his objections the oral [239 Ind. 253] and written confessions he gave to police officers during his confinement. The evidence was objected to for the reason that the statements were not voluntary but made under coercion under circumstances which indicate they were given in fear of arrest of his wife and also upon the promise his friend, Ronald Clift, would be released if he gave a statement clearing them.

Both appellant and witnesses for appellee testified relating to the circumstances under which the statements were taken and such testimony is in conflict.

Appellant states he and Ronald Clift were in custody and were questioned together. That the officers told appellant it was up to appellant to release Clift from custody, and that if appellant knew anything about the crime he should tell them so they could release Clift. That appellant was shown what looked like a warrant against his wife and the officers said they would incarcerate her and separate her from the child she had just seven days previously borne, but that if appellant made a statement they would forget about it and let her go and keep the child.

Officer Dukes testified he told appellant that if appellant gave a statement Clift would be released if Clift had nothing to do with it. That after that Clift was released because it was proved by appellant and the investigation that Clift had nothing to do with it, but was a 'dupe' in the case. Dukes stated he brought appellant's wife in to visit appellant, that he didn't arrest her nor tell appellant he was going to arrest her.

Appellant's wife testified on behalf of appellant that the officers let her go down and talk to her husband, and that they told her to talk him into confessing. That the officers never arrested her nor said they would do so.

[239 Ind. 254] Officer Ratz testified appellant's wife was not taken into custody and that he did not tell appellant if appellant made a statement he would release his wife or anyone else. That he...

To continue reading

Request your trial
12 practice notes
  • Shipman v. State, No. 29956
    • United States
    • Indiana Supreme Court of Indiana
    • June 26, 1962
    ...rule is well established that in event of conflict of evidence this court will not weigh the evidence on appeal. Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387; Coffer v. State (1959), 239 Ind. 22, 154 N.E.2d 371; Leslie v. State (1959), 239 Ind. 462, 158 N.E.2d 654; Lenovich v. Sta......
  • Moreno v. State, No. 3--1273A181
    • United States
    • Indiana Court of Appeals of Indiana
    • November 5, 1975
    ...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. State (1973), Ind.App., 298 N.E.2d 487. As this Court recently stated in State v. Cooley (1974), Ind.App., 319 N.E.2d ......
  • Smith v. State, No. 2--474A81
    • United States
    • Indiana Court of Appeals of Indiana
    • August 7, 1975
    ...N.E.2d 228. And this court will not reweigh the evidence to reach a different conclusion. Smith v. State, supra; Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387; Dawson v. State, In view of the extensive warnings given Smith and the failure to point to any promises made to him other ......
  • Smith v. State, No. 767S44
    • United States
    • Indiana Supreme Court of Indiana
    • July 15, 1969
    ...given, the Supreme Court will not disturb the Trial Court's ruling based on the conflicting evidence. Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387. We will review the admissibility of a confession on appeal for the purpose of deciding as a question of law whether there is substant......
  • Request a trial to view additional results
12 cases
  • Shipman v. State, No. 29956
    • United States
    • Indiana Supreme Court of Indiana
    • June 26, 1962
    ...rule is well established that in event of conflict of evidence this court will not weigh the evidence on appeal. Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387; Coffer v. State (1959), 239 Ind. 22, 154 N.E.2d 371; Leslie v. State (1959), 239 Ind. 462, 158 N.E.2d 654; Lenovich v. Sta......
  • Moreno v. State, No. 3--1273A181
    • United States
    • Indiana Court of Appeals of Indiana
    • November 5, 1975
    ...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. State (1973), Ind.App., 298 N.E.2d 487. As this Court recently stated in State v. Cooley (1974), Ind.App., 319 N.E.2d ......
  • Smith v. State, No. 2--474A81
    • United States
    • Indiana Court of Appeals of Indiana
    • August 7, 1975
    ...N.E.2d 228. And this court will not reweigh the evidence to reach a different conclusion. Smith v. State, supra; Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387; Dawson v. State, In view of the extensive warnings given Smith and the failure to point to any promises made to him other ......
  • Smith v. State, No. 767S44
    • United States
    • Indiana Supreme Court of Indiana
    • July 15, 1969
    ...given, the Supreme Court will not disturb the Trial Court's ruling based on the conflicting evidence. Matthews v. State (1959), 239 Ind. 252, 156 N.E.2d 387. We will review the admissibility of a confession on appeal for the purpose of deciding as a question of law whether there is substant......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT