State v. Connors
Decision Date | 06 March 1967 |
Docket Number | No. 10319,10319 |
Parties | STATE of South Dakota, Plaintiff and Respondent, v. Timothy W. CONNORS, Defendant and Appellant. |
Court | South Dakota Supreme Court |
C. L. Anderson, Sioux Falls, for defendant and appellant Timothy W. connors.
Frank L. Farrar, Atty. Gen., Walter W. Andre, Asst. Atty. Gen., Pierre, Roger A. Schiager, State's Atty., Sam Sechser, Deputy State's Atty., Sioux Falls, for plaintiff and respondent.
Appellant Timothy W. Connors was tried before a jury in the Circuit Court of Minnehaha County on a charge of robbery. The jury returned a verdict of guilty and accused was sentenced to prison for a term of ten years. Upon this appeal it is the contention of appellant that evidence of incriminating statements obtained from him during the course of a police interrogation was in violation of his constitutional rights for the reason that he was not informed before the interrogation that he had the right to remain silent and to presence of counsel.
The facts insofar as here material are that about 9:00 p.m., July 13, 1961, two men entered the Red Owl Store at 519 So. Minnehaha Avenue in Sioux Falls and at gun point compelled store manager, Claude G. Perryman, to transfer the money contained in a safe and seven cash registers into a cardboard box. The gunmen then forced him to carry out and place the box containing the money amounting to approximately sixty-six hundred dollars in a car parked near the store. Appellant and his accomplice then drove off. Appellant and one Richard E. Williams were identified in a police lineup in Minneapolis about a month later by Mr. Perryman as the persons committing the robbery.
The record further indicates that appellant and Williams were charged in Minnesota with attempted robbery, found guilty and sentenced to imprisonment. Appellant having served his sentence in that state and waiving extradition and hearing was returned to this jurisdiction on May 21, 1965. Appellant was tried under an information charging him and Richard E. Williams with the robbery occurring on July 13, 1961. The trial commenced September 28 and was concluded September 30, 1965. Appellant was represented at both a preliminary hearing and trial in the circuit court by court appointed counsel.
The statements and the circumstances under which appellant made them were testified to by officer Harry Knott as follows:
Appellant contends that the admission of the incriminating statements made to the police officer who did not warn him of his right to silence and counsel violated his constitutional rights as interpreted in Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (June 22, 1964). No question was raised at the trial whether the circumstances under which the statements were made required that the police officer advise appellant of such rights or whether the statements were in fact involuntary.
In Escobedo v. State of Illinois, supra, the court states:
'We hold, therefore, that where, as here, the investigation is no longer a general inquirty into an unsolved crime but has begun to focus on a particular suspect, the suspect has been taken into police custody, the police carry out a process of interrogations that lends itself to eliciting incriminating statements, the suspect has requested and been denied an opportunity to consult with his lawyer, and the police have not effectively warned him of his absolute constitutional right to remain silent, the accused has been denied 'the Assistance of Counsel' in violation of the Sixth Amendment to the Constitution as 'made obligatory upon the states by the Fourteenth Amendment,' Gideon v. Wainwright, 372 U.S., 335, at 342, 83 S.Ct. (792), at 795 (9 L.Ed.2d 799) and that no statement elicited by the police during the interrogation may be used against him at a...
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