Robinson v. State
Citation | 224 So.2d 675,45 Ala.App. 74 |
Decision Date | 30 June 1969 |
Docket Number | 5 Div. 718 |
Parties | James ROBINSON v. STATE. |
Court | Alabama Court of Appeals |
Russell, Raymon & Russell, Tuskegee, for appellant.
MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.
James Robinson appeals from a conviction for the offense of burglary in the second degree with a penitentiary sentence of four years.
According to the State's evidence one Abb Doner operated a small grocery store in the 'Washstand' or 'Warriors Stand' community of Macon County, Alabama. On the night of September 8, 1967, he laid a trap for burglars by tying one end of a string to the trigger of a shotgun and the other end to the back door of his store.
The next morning the door was open and the gun had fired. Mr. Doner saw tracks around the door but so far as he could tell nothing had been taken out of the store.
Deputy Sheriff Ivory testified he was called to the store the morning of September 9th. The hook on the screen door was broken A portion of the edge of the wooden door was splintered off, 'as if the shotgun had caught a portion of the front part of the door.' He could tell the door 'was pried open and the lock was busted with some type of instrument.'
On cross examination the officer was asked if there was any evidence of any person having been in the store. He answered: He said that so far as he could tell no one went into the store.
The prosecuting witness, Doner, was permitted, over defendant's objection, to testify that defendant came to his store about three weeks later and said: Responding to a question asked by the court, the witness said: 'He said he broke in there.'
Officer Ivory testified that after he left the Doner store on the morning of September 9th, he received a call from John Andrews Hospital that James Robinson was there suffering from a shotgun wound, and that he went to the hospital to investigate the shooting. The defendant was in bed with a wound in his hip. The witness stated it is customary for the hospital to make report to the police of persons admitted with shotgun wounds and the officer was there only for the purpose of checking on a man reported to have been shot. He testified defendant made a statement to him, whereupon a hearing was held outside the presence of the jury to determine the voluntariness of the confession. At this hearing Officer Ivory testified that James Robinson, when he saw him at the hospital, was not a suspect in the burglary of Doner's store. He questioned the defendant about how he got the shotgun wound, and defendant stated: and Robinson began to name the persons with him, The witness testified that defendant, at the time he made the statement, was not in custody or under arrest. The officer admitted he did not advise defendant of his right to remain silent or of his right to counsel or that anything he said might be used against him; that he did not suspect the defendant of being involved in a burglary and did not let the defendant know he already knew about Doner's store. The defendant was arrested a few days later.
The defendant took the stand at the hearing outside the presence of the jury, and testified the officer came to see him at the hospital and said: The officer returned in about two hours and showed him a shotgun shell hull and said if defendant would make a statement he wouldn't have to go to jail and if he would tell him how it was he wouldn't need a lawyer, and that is when he made a statement. 'I told him I got shot on the outside of the store standing on the outside of the door.' On cross examination the defendant testified he didn't open the door, that 'Them other boys * * * Charlie Van and them,' opened the door. Charlie Van didn't get shot. ...
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Hyde v. State
...as it is not used for the purpose of committing a felony therein, but merely of breaking.' "`To the same effect is Robinson v. State, 45 Ala.App. 74, 78, 224 So.2d 675 (1969), where it is "`"`The evidence that the door "was pried open and the lock was busted with some type of instrument" di......
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Whitehead v. State
...it is not used for the purpose of committing a felony therein, but merely of breaking." "`"To the same effect is Robinson v. State, 45 Ala.App. 74, 78, 224 So.2d 675 (1969), where it is "`"`"The evidence that the door `was pried open and the lock was busted with some type of instrument' did......
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Waters v. State, 4 Div. 578
...the confession. In the absence of an objection on this point, there is nothing to be reviewed by this court. Robinson v. State, 45 Ala.App. 74, 224 So.2d 675 (1969). G. The third element of the offense, that of receiving the goods without an intent to restore them to the owner, was fully sa......
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State v. Kyseth
...engage in 'custodial interrogation' at the time of the conversation and that Miranda therefore does not apply. Compare Robinson v. State, 45 Ala.App. 74, 224 So.2d 675; State v. Ross, 183 Neb. 1, 157 N.W.2d 860; and Vandegriff v. State, 219 Tenn. 302, 409 S.W.2d 370, with State v. Brunner, ......