Pistor v. State, 22061
| Decision Date | 03 July 1963 |
| Docket Number | No. 22061,22061 |
| Parties | Hannelore PISTOR v. The STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court
1. Where it appears from the evidence that a mortal would was inflicted upon the deceased in DeKalb County and that this wound was the cause of death, venue for trial was properly laid in DeKalb County though the body was found in Gwinnett County.
2. (a) Where the evidence in the record shows that the arresting officers had reasonable grounds to suspect the defendant of being a party to the killing of her husband and that a failure of justice might result if an arrest were not made at that time, the fact that the alleged confession was made before a warrant had been issued and in the absence of counsel neither renders the signed statement inadmissible on the ground that it was made while the defendant was illegally detained nor demands a finding that the statement was not freely and voluntarily given, such circumstances being merely factors for the consideration of the jury in the determination of whether the statement was voluntary.
(b) The alleged confession of the codefendant which implicated the defendant as a party to the killing was properly admitted in evidence for the purpose of impeachment where at the trial and co-defendant testified for the defendant that he had never made such a statement.
3. Where the evidence, direct and circumstantial, supports the jury's verdict that the defendant was a party conspirator who jointly planned and carried into execution her husband's murder, she is liable as a principal though she did not fire the fatal shot.
Bagwell & Hames, Atlanta, for plaintiff in error.
Richard Bell, Sol. Gen., Dennis F. Jones, Asst. Sol. Gen., Decatur, for defendant in error.
Mrs. Hannelore Pistor and J. W. Pugh were jointly indicted by the grand jury of DeKalb County at the June term of the DeKalb Superior Court for the offense of murder. It was charged that they did, on May 4, 1962, kill and murder one Gottlob Pistor by shooting him with a rifle and gun. On the separate trial of the defendant Mrs. Pistor, she was found guilty, with a recommendation of mercy, and sentenced to life imprisonment. Her motion for a new trial on the general grounds and eleven special grounds was overruled and she seeks by her bill of exceptions to review the order denying a new trial.
Counsel for the defendant in their brief state that the issues involved in this appeal can be determined by the answer to two questions, viz., (1) Was venue properly proved by the State, and (2) Was the trial court in error in admitting the confessions secured from the defendant and her alleged coconspirator.
1. On the question of venue: '[A]ll criminal cases shall be tried in the county where the crime was committed * * *.' Art. VI, Sec. XIV, Par. VI of the Constitution of 1945 (Code Ann. § 2-4906). See also Code § 27-1101. 'When any mortal wound shall be given * * * in one county, by which a human being shall be killed, who shall die thereof in another county, the indictment shall be found and the offender shall be tried in the county where the act was performed or done from which the death ensued.' Code § 27-1104.
The defendant and her husband, Gottlob Pistor, lived in DeKalb County. On May 5, 1962, the defendant reported to the police that her husband was missing. On June 24, 1962, the badly burned body of Gottlob Pistor was found in an automobile, also badly burned, in Gwinnett County. Dr. Larry Howard, an expert witness for the State, testified that he examined the body and found a bullet wound in the left frontal area of the scalp just above the left eye and a radiating fracture in the right side of the skull. A mutilated .22 caliber bullet was found by Dr. Howard inside the skull. On the floor of the car were the remains of a .22 caliber rifle.
From his examination of the body Dr. Howard testified that in his opinion death was caused by the bullet wound.
In a signed statement Pugh stated that he shot the deceased four times with a rifle in the deceased's home in DeKalb County, put his body in an automobile and carried him to the place in Gwinnett County where his body was found, later went back, poured gasoline on the car containing the body and set it afire. At the trial Pugh was called as a witness for the defendant and there testified that he shot the deceased four times with a .22 caliber rifle in his home.
Under this evidence the jury was authorized to find that the mortal wound was inflicted in DeKalb County and that the venue for trial was properly laid in DeKalb County.
2. On the question of the admission in evidence of the written confessions of the two defendants: (a) As to the defendant Mrs. Pistor it is alleged that the testimony of certain officers concerning their conversation with her preceding the signing of the alleged confession was inadmissible because, (1) no proper foundation had been laid and (2) the proffered written statement was obtained in violation of the defendant's constitutional rights under the fourth and fifth amendments of the United States Constitution and under Art. 1, Sec. 1, Pars. II, III and V of the Georgia Constitution of 1945.
Detective Ivey, of the DeKalb County Police Department, testified that he had several conversations with the defendant after her husband's disappearance in April, that upon discovery of the body on June 24 he went to the residence of the defendant at about 10:30 p. m. where he found the defendant. He informed her at that time of finding the body of her husband and asked her to get dressed and go with him to police headquarters. According to detective Ivey's testimony Mrs. Pistor freely admitted him to the house as she had done on previous occasions when he had questioned her. While detective Ivey was waiting for Mrs. Pistor to get dressed he learned from other officers present at the scene that some one was trying to get out of the house by a window at the back. He discovered that it was J. W. Pugh. According to Ivey's testimony it was at that time that he actually placed Mrs. Pistor under arrest. Pugh was also arrested. They were taken to police headquarters. There Mrs. Pistor described in detail how she and Pugh planed and committed the...
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