Moody v. State
| Decision Date | 22 April 1968 |
| Docket Number | No. 24560,24560 |
| Parties | Vaughn E. MOODY v. The STATE. |
| Court | Georgia Supreme Court |
Jonathan Golden, Atlanta, for appellant.
Lewis R. Slaton, Solicitor Gen., J. Melvin England, Carter Goode, Arthur K. Bolton, Atty. Gen., Marion O. Gordon, Mathews Robins, Asst. Attys. Gen., Atlanta, for appellee.
Syllabus Opinion by the Court
Vaughn Edward Moody was indicted, tried and convicted of the offense of rape. The verdict contained a recommendation of mercy and he was sentenced to life imprisonment. The sole enumeration of error is on the introduction in evidence of a signed confession.
At a separate hearing, outside the presence of the jury, the court heard evidence with reference to the circumstances surrounding the confession, at which time the detective to whom the defendant orally made such confession testified that the defendant signed a waiver of counsel prior to any other interrogation which contained the following: 'I, Vaughn Edward Moody, have been informed by the undersigned law enforcement officers, prior to being questioned by them, that I am suspected of the offense of rape and robbery in Fulton County, Georgia, on the 11th day of May, 1967, and have been informed by them of my constitutional rights as follows:
1. That I may remain silent and do not have to make any statement at all.
2. That any statement which I might make may be used against me in court.
3. That I have a right to consult with an attorney before making any statement and to have such attorney present with me while I am making a statement.
4. That if I do not have enough money to employ an attorney, I have the right to have one appointed by the court to represent me; to consult with him before making any statement; and to have him present with me while I am making a statement.
5. That if I request an attorney, no questions will be asked me until an attorney is present to represent me. After having my constitutional rights explained to me, I freely and voluntarily waive my right to an attorney. I am willing to make a statement to the officers. I can read and write the English language and fully understand my constitutional rights to an attorney. I have read this waiver of counsel and fully understand it. No threats or promises have been made to me to induce me to sign this waiver of counsel and to make a statement to the officers.'
The confession itself began: ...
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Johnson v. State
...conformed to the procedure required in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974. Moody v. State, 224 Ga. 301, 161 S.E.2d 856; Griffith v. State, 116 Ga.App. 429, 157 S.E.2d There is no evidence supporting the defendant's contention that the confession......
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Merneigh v. State
...as to confessions, admissions, etc. See Hall v. State, 65 Ga. 36; Corker v. Sperling, 8 Ga.App. 100(3), 68 S.E. 557; Moody v. State, 224 Ga. 301(1), 161 S.E.2d 856; Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908, 1 A.L.R.3d 1205. The better practice in such matters is to excl......
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Carreno v. State, A05A0330.
...voluntary, and waived argument on the matter. Thus the trial court did not err in admitting the confession. See Moody v. State, 224 Ga. 301, 302(1), (2), 161 S.E.2d 856 (1968). 3. Finally, Carreno asserts that the trial court erred in admitting police officers' hearsay testimony concerning ......
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Smith v. Smith, 24557
... ... Syllabus by the Court ... The complaint seeking to set aside a portion of a divorce decree failed to state a claim upon which relief could be granted ... Frank M. Gleason, Rossville, for appellant ... Joseph E. Loggins, ... ...