Stanford v. State

• Docket Number: 15478.
• Decision Date: 05 July 1946
• Citation: 38 S.E.2d 823,201 Ga. 173
• Parties: STANFORD v. STATE.
• Court: Georgia Supreme Court

38 S.E.2d 823

201 Ga. 173

STANFORD v. STATE.

No. 15478.

Supreme Court of Georgia

July 5, 1946

Rehearing Denied July 16, 1946.

Syllabus by the Court.

1. The judge did not err in overruling the motion for a continuance based on the ground that counsel appointed by the court to represent the accused had not had sufficient time to prepare for the trial. Nor does it appear that the defendant was denied the right to be defended by employed counsel of his own choice, or selection.

2. Where a witness testifying on the trial of the accused for murder referred to a different offense (larceny) and stated that the accused admitted it, and, on objection being made to such evidence on the ground that it put the defendant's character in issue, the judge stated: 'I rule that out. Just disregard that statement, gentlemen of the jury'-- Held, that there was no error in overruling a motion for a mistrial based on the same ground as the objection.

3. The judge did not abuse his discretion in allowing the jury to remain in the courtroom and hear preliminary evidence as to whether a claimed confession of the accused was freely and voluntarily made; such preliminary evidence being sufficient prima facie to authorize a consideration of the confession.

4. The charge defining an accomplice, and stating among other things that the jury would not be authorized to convict the defendant on the uncorroborated testimony of an accomplice was not erroneous for any reason assigned.

(a) The evidence authorized the verdict, and the court did not err in refusing a new trial.

Robert Lee Stanford was convicted of murder, without a recommendation, in the alleged killing of Wo Gee Chow, alias Harry Woo, by shooting him with a pistol. His motion for a new trial as amended was overruled, and he excepted.

The deceased operated a mercantile store in the City of Augusta and was killed in his store some time during the night of October 6, 1945. He had closed his store for the night and was shot from the outside of the building, through a hole in a window called a 'cat-hole.' The slayer then entered the store and stole a pistol and several hundred dollars in money. The indictment alleged that the offense was committed on October 15, but the evidence showed that it was committed on Saturday night, October 6.

The following is deemed a sufficient statement of the evidence, although it does not include the testimony of all the witnesses who were introduced:

Matthews Jones testified: 'I was picked up and arrested and questioned about some shells, along with Robert Lee Stanford, by Mr. King and another sheriff. I knew Robert Lee Stanford, and we delivered milk on Saturday afternoon for Mr. Moses, where we worked. We delivered milk to Woo, the Chinaman. When Mr. King picked us up and asked me about the shells, he also asked me where we were Saturday night. I told him we got off the truck and went around some corners until we came to 12th Street, where we went in a pool room and whisky joint. I just stood in this place and Stanford was drinking beer, whisky, or something in a tumbler, and then we started to shoot pool and a boy asked me how old I was, and I told him 16, and he told me I was too young to be in there, so I went outside. The pool room is about three blocks, I think, from Woo's place, and Stanford stayed in the pool room about five minutes before he came on out and met me. Stanford told me he was broke and wanted some money, and he said he was going to get some from Woo's store. When we got off the truck, I gave Sanford my gun. The gun you have there is the one I gave him that night when we got off the truck. * * * I asked Stanford how he was going to get some money. Stanford said he was going to rob this Chinaman, but I told him not to kill the Chinaman, but he didn't answer and just walked off. I stood there for a while, then went up to a store about a block down and bought some sugar cane, which I gave to a little boy. Two more boys came along and I thought I knew these boys and talked to them for about fifteen minutes, then I went down the street, and came back up the street, and went to turn by the hairdresser's on 12th Street, at which time I heard the gun fire. I did not know whether Stanford had killed the Chinaman or the Chinaman had killed him. I started to go home then, when I heard Robert Lee whistle for me, while he was coming down the other side of the street. I waited for him and he said, 'Let's go home,' and also, 'I had to kill Harry.' I didn't say anything but went on with Robert Lee Stanford to the house where we stay in at the dairy. When we got inside, Robert took out a lot of money and we divided it by making two piles of fives and tens. Robert took one pile and I took the other pile of money. Robert left the pistol I gave him around in my room. Robert had the gun marked, 'Exhibit A' with him, which he said he got out of the Chinaman's store. My brother hid the money I got for me, in the light of an automobile, where the officers found it. Stanford said he got the money from Harry Woo, whom he shot and killed. That .38 pistol is the gun I let Stanford use. All this happened on a Saturday night in October of this year in Richmond County, Georgia.' Cross-examination: 'I am in jail, but I do not know whether or not I am charged with this same killing. They told me I was with him and charged with the killing. * * * The sheriff's men have not talked to me, nor have anybody else except the three defense counsel. Three or four men came around to see me, but I just remember him. (Pointing to Mr. Flythe.) I think I remember him. (Pointing to Mr. Kerr.) I don't remember talking to you. (Addressing Mr. Ingram.) I remember talking to that gentleman yesterday afternoon and remember what I told him. (Pointing to Mr. Kerr.) The only thing I told him was that they had me with Stanford for murder charge.'

R. W King, deputy sheriff, testified in part as follows: 'I investigated the killing of Harry Woo * * * this month, 1945. On October 12th I investigated a call to Harry White's place, who had lost thirteen boxes of gun shells. When I got to this place I looked where the shells had been and saw a milk box that was cut off from view from the front. * * * I went in and questioned Robert Lee Stanford because he was working on a milk truck at White's place, and he was putting it in that box and the shells were over there in hand-reach of the counter, and I questioned him and took him out and put him in jail. I put him in jail on the shotgun business and also put in another boy with him, and we cleaned up the shell business. He admitted it. * * * I had a warrant in that case. We finished the shell case, then we were called on another investigation, where he had been working on this milk truck, he was furnishing milk to the Chinaman, for over two years. Then I called in the city men and we started talking to him about that, I mean we started talking to Robert Lee Stanford and Matthews Jones. * * * After Jones told me about this affair with Woo, I put him in jail. In the presence of Stanford he told us that they went to Terry Robinson's place, after getting off the milk truck on 9th Street, and shot pool a while. Matthew Jones said they ran him out because of his age, and that he went outside and watched the Chinaman's store, and when it closed up he went out and called Robert Lee Stanford, and said, 'Come on, let's go.' Jones said further that, when Stanford came out, he walked around into the yard and then came back and asked him, Jones, for the pistol. Stanford said, 'Give me the pistol, it is time right now.' He said he gave him the pistol and told him, 'Don't kill him.' Stanford replied, 'I won't kill him but I will fix him so he can't do anything.' Jones walked on up the street watching, and heard the pistol fire, after which Robert Lee Stanford came out and met him at 12th Street and walked on up to the bus station and attempted to get on the bus, and that they were drinking and the bus driver wouldn't let them go on so they walked on out home. * * * All this was said in the presence of Stanford. Then, we carried Stanford out and he said, 'Well, I just as well tell the truth, I done it.' * * * Before this statement was made by Stanford, we did not place him under the slightest fear of punishment or the slightest hope of reward. It was purely voluntary on his part at that time. Mr. Kent warned him several times of his rights, and it was made without the slightest hope of benefit or the slightest fear of injury. Mr. Kent told him that anything he said would be used against him, and that we were not offering him a thing in the world, and that we were not telling him the court was going to fine him, and further that we did not know what the court would do. * * * Then Stanford said that he was speaking only the truth. Then Stanford told us that he had the boy watching for him. He said that they shot pool, and the boy called him out of the place, and they walked in that yard and could see the Chinaman back there in the back; that he came back and got the pistol, and was told by this boy not to kill him, to which he replied, 'I won't but I will fix him so he can't do nothing.' He said he went on around there with his gun, and he showed me exactly how he had his finger on the handle, and he said he crawled up on a crate and turned the light out. He said he unscrewed the light which shined over in the back yard, and that the Chinaman did not notice that, and that he went on around to the cat-hole. There is a little cat-hole on the left-hand corner of the window facing the back, just about six inches square, or hardly that big. Stanford said he was making his way to the cat-hole, and that his foot hit a crate and turned it over, and that some bottles made a...