Sanders v. State
| Decision Date | 30 July 1965 |
| Parties | Dennis SANDERS and Willie True, Plaintiffs in Error, v. STATE of Tennessee, Defendant in Error. 20 McCanless 425, 216 Tenn. 425, 392 S.W.2d 916 |
| Court | Tennessee Supreme Court |
James E. Walton, William P. Bryant, Jr., Springfield, for plaintiffs in error.
George F. McCanless, Atty. Gen., Marne S. Matherne, Asst. Atty., Nashville, for defendant in error.
The plaintiffs in error, Dennis Sanders and Willie True, were convicted of burglay in the third degree and sentenced to confinement in the State Penitentiary for a period of three years. They were represented in the Trial Court by court-appointed counsel, who have duly perfected their appeal to this Court and filed assignments of error. We wish to express our appreciation of the valuable services rendered without hope of compensation by court-appointed counsel in this case.
Since the first three assignments of error relate to the sufficiency of the evidence to sustain the verdict of the jury and the judgment of the Trial Court thereon, it is necessary briefly to review the facts appearing in the record:
About noon on Sunday, September 27, 1964, the Robertson Farmers Cooperative Building, which is located about a mile south of Springfield, Tennessee, on U. S. Highway 41, and adjacent to the tracks of the Louisville & Nashville Railroad, was broken into. The building was equipped with an electrical burglar alarm system which was sounding an alarm when a deputy sheriff of Robertson County arrived at the building. This deputy went to the rear of the building and found that a back door adjacent to the railroad tracks had a panel knocked out of it. The deputy saw two persons, one a tall man and one short, walking north along the railroad track toward Springfield. As this deputy returned to the front of the building, the Sheriff of Robertson County arrived at the building.
The Sheriff testified that after meeting his deputy at the building he drove to a bridge over the railroad tracks where he could see for a long distance in both directions along the tracks. The Sheriff testified he saw two men leave the tracks and go into a roadside park north of the burglarized building and that, as he was returning to the burglarized building, he picked up the defendants, one of whom was a tall man and one short. The defendants were then taken to jail.
A search was made of the Robertson Farmers Cooperative Building. It was found that nothing had been taken from the building, but that the office cabinets, desks, and safe were opened and papers were scattered about the floor. The Robertson Farmers Cooperative handles farm supplies, hardware and accessories. A quantity of merchandise had been moved from the retail store section of the building to the warehouse near the back door which had been broken into.
While examining the building with the officers, the Assistant Anager of the Robertson Farmers Cooperative found a blue Ronson cigaret lighter in the retail store section of the building. Later that afternoon the personal effects taken from the defendant Sanders when he was arrested were placed on the dining room bable in the jail and the blue Ronson cigaret lighter found in the building was placed with them. The defendant Sanders was then brought into the dining room alone. He was informed of his constitutional rights and of the charges against him and of his right to counsel. Sanders stated to the officers that he and his brother-in-law, the defendant True, were passing through Springfield, Tennessee, going from Florida to Minnesota and that their car had run off the road a short distance south of Springfield. According to the officers who were present when Sanders was brought into the dining room at the jail, he denied all knowledge of the burglary. He claimed ownership of all of the items placed on the dining room table except the blue cigaret lighter, which he said belonged to the defendant True. These officers testified that Sanders was then taken to his cell and his personal effects were replaced in his envelope.
The defendant True's belongings were then removed from an envelope and placed on the dining room table with the blue cigaret lighter placed with them. True was then brought in alone. After being advised of his constitutional rights, he was questioned. He told the officers that he and Sanders were traveling from Florida to Minnesota and told the officers of the wreck they had had and complained of pain he was suffering from an injury received in the automobile accident. True also denied any knowledge of the burglary. These officers testified that True claimed all of the personal effects which had been placed on the dining room table in the jail, stating that the blue cigaret lighter belonged to his wife.
Early the evening of the burglary, the defendant True was taken to a hospital where X-rays revealed he had a fracture of a bone in his leg. He was then given medical attention.
Samples of mud taken from the defendants' clothing, shoes and gloves, which were found later in their car, together with samples of mud taken from the rear of the burglarized building were sent to the FBI laboratory for analysis. The laboratory report showed soils taken from the defendants' apparel and the soil behind the building were similar. It was testified that the FBI never used the term 'identical' in making soil comparisons and that 'similar' is the strongest statement used by that agency in making soil comparisons.
An investigator of the Tennessee Bureau of Identification was present with the local officers and testified that the defendant Sanders stated the blue cigaret lighter belonged to the defendant True and that the defendant True stated this lighter was his wife's. The defendant Sanders testified at the trial and denied stating to the officers that this lighter belonged to the defendant True. On the trial he stated he had never seen the lighter until the day he was arrested. Sanders testified that he was with True at all times prior to their arrest on the date of their arrest. In his testimony, Sanders denied that the deputy sheriff was present in the dining room in the jail when Sanders was questioned about the cigaret lighter. The defendant True did not testify at the trial.
It thus appears a sharp issue of fact was made as to whether or not the cigaret lighter which was found in the building shortly after the breaking and entering belonged...
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