Rounds v. State
| Decision Date | 10 June 1937 |
| Parties | ROUNDS v. STATE. |
| Court | Tennessee Supreme Court |
John W. Hart, of Union City, and Carmack Murchison, of Jackson, for plaintiff in error.
W. F. Barry, Jr., Asst. Atty. Gen., for the State.
The defendant, Robert Rounds, along with Odell Carter, both negroes, were indicted for the murder of a white man named Thomas Harris and convicted of murder in the first degree. The jury fixed the punishment of Carter at imprisonment for life and fixed the punishment of Rounds at death by electrocution. Carter accepted his sentence, but Rounds has appealed in error to this court.
Harris was a merchant having a country store about two miles from Humboldt on the Alamo road. His residence was nearby. The wife of Harris testified that he was aroused about the middle of the night of January 25, 1936, by some noise near his store. That there had been robberies in the neighborhood and Harris had been missing coal. He armed himself with a pistol and a shotgun and went down to the store. A short while later Mrs. Harris heard shooting near the store and called to her husband, getting no response. A negro living across the road from the store was awakened, went to the scene of the shooting, and found Harris in a dying condition. This negro, Mrs. Harris, and a brother of Harris living in the neighborhood put the latter in an automobile and brought him to the hospital at Humboldt. He died about the time he reached there without making any statement.
A sack partially filled with coal and a glove were found on the coal pile in the rear of Harris' store. He had fired his pistol once and his shotgun once. He had been shot in the abdomen with a 22-30 pistol. Another 22-30 bullet was found in the store near the place where he fell.
Bloodhounds were brought to the scene and followed tracks to a point a short distance away where the evidence indicates an automobile had been parked. The dogs could not, of course, pursue the tracks further.
There is evidence in the record indicating that the defendants, Rounds and Carter, committed this murder. All this evidence, however, is circumstantial, except confessions to which we will immediately refer. The confession of Carter was properly ruled inadmissible as to Rounds. We think the confession of Rounds was improperly obtained and should likewise have been excluded. For error in admitting this confession and for other errors, the judgment must be reversed. Aside from the confession of Rounds, the evidence against him is of such a character as makes us hesitant to say it would support a conviction carrying a death sentence. Since the case must go back for another trial, we forbear further comment on the proof.
Harris was killed Friday night or shortly after midnight Saturday morning. Suspicion pointed to Rounds, and he was arrested early Saturday morning and brought to a place of confinement at Humboldt. He was questioned by officers as to his whereabouts during the night before and he told them that he was at Union City. The officers took him to Union City Saturday morning, checked up his story, and found it untrue. He admitted on the trial that the statement was untrue. According to his testimony, he and Carter had been out on a chicken stealing expedition the night Harris was killed, and he said that he told the officers this story about being in Union City for that reason.
After returning from Union City Saturday, Rounds was taken to the county jail of Gibson county at Trenton. Carter was arrested some time Saturday when the officers found out he had been with Rounds on the night before, and he was also taken to the jail at Trenton.
It seems that Rounds was questioned some, as well as Carter, during Saturday and Sunday and during the daytime Monday. They do not say that they were in any way mistreated before Monday night. They denied their guilt of the murder of Harris during this period.
Rounds states that on Monday night he was taken from his cell in the Trenton jail to a room in the courthouse known as the "jury room." That he was seated on a chair or stool and whipped by the officers in an effort to extort a confession from him. He says that he was not permitted to lie down or sleep Monday night, or on Tuesday, day or night. That he was kept awake all day Wednesday and all Wednesday night. That he was likewise kept awake all day Thursday and Thursday night. He testified that during this time his legs and arms were twisted and bent back by the officers and he was subjected to painful torture by them in their efforts to make him confess.
It seems from the testimony of the officers that just before day on Friday morning Rounds did make a confession in which he admitted that he and Carter went to Harris' store; that Harris interrupted them while they were endeavoring to steal some coal; and that Rounds and Harris exchanged shots.
All the officers who had access to Rounds during the period mentioned deny that he was struck; that his limbs were twisted; that he was subjected to any physical violence or any way mistreated. These officers, however, admitted that six of them, taking turn about, questioned Rounds from Monday night until early Friday morning when they obtained the confession. The officers, while they said that Rounds had opportunity to sleep during this period, are not at all convincing in their testimony on this point. They admitted that Rounds was kept out of his cell in this courthouse room much of the time, if not most of the time, from Monday night until Friday morning, and they admitted that they would arouse him and question him at frequent intervals all during this period.
Rounds said that he did not sleep more than two hours from Monday night until Friday morning. Although this statement may not be strictly accurate, we think it evident from the record that he was kept awake most of this time.
To deprive a human of sleep for four days and nights is a form of torture not less severe...
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