State v. Denney, 45946
| Decision Date | 23 January 1971 |
| Docket Number | No. 45946,45946 |
| Citation | 206 Kan. 511,479 P.2d 820 |
| Parties | STATE of Kansas, Appellee, v. William Glenn DENNEY, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
In a prosecution for burglary in the second degree and grand larceny, the record is examined and it is held, (1) there was no violation of the rule requiring determination of the voluntariness of an admission of guilt before admitting it into evidence; (2) defendant was not denied effective assistance of counsel; (3) there was sufficient evidence to sustain the conviction, and (4) there were no trial errors which prejudicially affected the rights of defendant.
David F. Brewster, Baxter Springs, argued the cause and was on the brief for appellant.
Merle Duncan, Jr., County Atty., argued the cause, and Kent Frizzell, Atty. Gen., and Larry A. Prauser, Deputy County Atty., were with him on the brief for appellee.
HATCHER, Commissioner.
This is an appeal from a conviction of burglary in the second degree and grand larceny.
The Hurst Firestone Store of Columbus, Kansas, was burglarized early the morning of May 20, 1969. An assortment of hand guns and rifles totaling sixteen in number were stolen from the store. An assortment of fishing lures, which had been on display cards, were also missing. The store was in general disarray. Display tables had been knocked over and racks containing fishing lures were knocked to the floor.
A police officer was on routine patrol at about 1:00 o'clock the morning of the burglary. He was driving without his car lights when he observed two people in a parking lot across the street from the Hurst Firestone Store. When the officer turned on his car lights the two people started to run. one ran in an easterly direction. The other, after dropping an arm load of firearms, ran to the south. He was pursued on foot by the officer, overtaken, subdued after some struggle and placed under arrest.
After making the arrest the officer was unable to find his handcuffs. He radioed for help and soon two other police officers and the sheriff arrived on the scene. The firearms and fishing lures were found in the vicinity where the chase began. At least three fishing lures were sticking in the pants of the defendant at the time of his capture.
The defendant was tried to a jury and convicted of second degree burglary and grand larceny. He has appealed claiming numerous trial errors.
The appellant first contends that the trial court erred in admitting into evidence an admission of guilt without first determining its voluntariness.
The appellant relies on the cases cited in Baker v. State, 204 Kan. 607, 464 P.2d 212, at page 220, where we stated at page 616 of the opinion:
* * *'
We do not believe that the rule is controlling here. The sheriff, Dayton Evans, after describing the condition of the Hurst Firestone Store and identifying the stolen firearms, was questioned as follows:
'MR. DUNCAN: Sheriff, did William Glenn Denny make any admission of guilt to the burglary and larceny to you?
'Yes, sir.
'CROSS-EXAMINATION OF (Sheriff) DAYTON EVANS
'QUESTIONS BY MR. ARMSTRONG (Defendant's attorney):
'
Implicit in the testimony, particularly that elicited by appellant's attorney, is the conclusion that the statement was volunteered by the appellant, and it was part of the trial strategy of appellant's counsel not to stress further the established positive fact that the appellant volunteered the information. We have not as yet gone so far as to require an arresting officer to gag a suspect to prevent a possible voluntary spontaneous expression of guilt. The fact that the statement was given without solicitation on the part of the sheriff was established by appellant's cross-examination befoer the trial court had an opportunity to take the initiative.
Appellant next complains that he did not have effective assistance of counsel. Appellant was represented by a member of the bar with twenty-six years of practical experience. He had been county attorney or deputy county attorney for a period of fourteen years.
Appellant complains of counsel's failure to object to leading questions. Every lawyer is entitled to his own method of trial...
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State v. Crowley, 48174
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State v. Voiles
...defendant's counsel may not have been the most brilliant, every lawyer is entitled to his own method of trial strategy. State v. Denney, 206 Kan. 511, 479 P.2d 820 (1971). We have carefully reviewed the entire record and the standard of defense as articulated in Schoonover was Appellant nex......
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State v. Miles, 47102
...court has said there is no requirement that an accused be gagged to prevent his making voluntary expressions of guilt. (State v. Denney, 206 Kan. 511, 479 P.2d 820.) In State v. Broadus, 206 Kan. 766, 481 P.2d 1006, we 'Voluntary spontaneous statements of an incriminating nature, not elicit......