State v. Jennings, 22015

• Decision Date: 06 December 1983
• Docket Number: No. 22015,22015
• Citation: 280 S.C. 62,309 S.E.2d 759
• Court: South Carolina Supreme Court
• Parties: The STATE, Respondent, v. Thomas Floyd JENNINGS, Appellant.

Page 759

309 S.E.2d 759

280 S.C. 62

The STATE, Respondent, v. Thomas Floyd JENNINGS, Appellant.

No. 22015.

Supreme Court of South Carolina.

Dec. 6, 1983.

Asst. Appellate Defender William Isaac Diggs, of S.C. Com'n of Appellate Defense, Columbia, for appellant.

Atty. Gen. T. Travis Medlock and Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Carol P. Black, Columbia, and Sol. William L. Ferguson, York, for respondent.

LEWIS, Chief Justice:

Appellant was convicted of burglary, armed robbery, and assault and battery with intent to kill. He received life imprisonment for the burglary charge; a consecutive twenty-five (25) year sentence for armed robbery; and a concurrent fifteen (15) year sentence for assault and battery with intent to kill. Error is charged in (1) the admission into evidence of an alleged confession and (2) the instructions to the jury on implied malice. The first charge of error goes to the basis for conviction of all offenses while, under the second, reversal is sought only of the conviction for assault and battery with intent to kill. We find no merit in the first ground of appeal, but sustain the second as patent error.

Appellant, twenty-two (22) years of age, with a hearing deficiency, and described as "mildly" retarded, was arrested and, after being in custody for about three (3) days, was questioned by the officers as to his connection with the burglary of a home in Rock Hill, South Carolina, and the stabbing of the resident. His interrogation, according to the officers, followed an explanation and understanding of the Miranda Warnings. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. Appellant admitted that he committed the crime and signed a confession which was admitted into evidence after an in camera hearing and a finding by the trial judge that the confession was freely and voluntarily made.

The record before the trial judge consisted of (1) the testimony of the officer to whom the confession was made, (2) testimony of appellant, (3) testimony of the psychiatrist who examined appellant, (4) a signed waiver, and (5) the signed confession.

While there is a showing that appellant had some hearing deficiency and was described as "mildly" retarded, there is testimony that the officers who questioned appellant were aware of these physical deficiencies and exercised caution to be sure that he could hear and understand the communications with him. In addition, appellant testified, and the trial judge had ample opportunity to observe the extent of any deficiency in appellant's ability to hear and understand and what effect, if any, such deficiencies might have had on the making of the alleged confession.

Appellant also contends that his alleged confession was not elicited until he had been in custody for three (3)...