State v. Maiden

• Decision Date: 08 March 1972
• Docket Number: No. 52011,52011
• Citation: 259 So.2d 20,261 La. 80
• Parties: STATE of Louisiana v. Charles E. MAIDEN and Bobby Joe Murphy.
• Court: Louisiana Supreme Court

Page 20

259 So.2d 20

261 La. 80

STATE of Louisiana v. Charles E. MAIDEN and Bobby Joe Murphy.

No. 52011.

Supreme Court of Louisiana.

March 8, 1972.

Edmund M. Thomas, Shreveport, for defendants-appellants.

Jack P. F. Gremillion, Atty. Gen., Harry H. Howard, Asst. Atty. Gen., John A. Richardson, Dist. Atty., Charles R. Lindsay, Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

The defendants, Charles E. Maiden and Bobby Joe Murphy, were tried by a jury and convicted of the crime of armed robbery, and sentenced to serve fifteen and five years respectively, in the Louisiana State Penitentiary at hard labor (La.R.S. 14:64).

The accused, Bobby Joe Murphy, has not perfected any bills of exceptions. We are therefore limited on his appeal to a review of the pleadings and proceedings for discoverable error. La.C.Cr.P. art. 920; State v. Ash. 257 La. 337, 242 So.2d 535 (1971). We find none. His conviction and sentence are affirmed.

On the appeal of Charles E. Maiden, the defendant relies on two bills of exceptions to obtain a reversal of the conviction. We find merit in neither.

By the first bill of exceptions taken by Maiden, he contends substantial constitutional rights were violated when the trial court permitted the introduction of certain items--specifically, a tire tool, a roll of coins, a gas can, and clothing--into evidence over their objections at a hearing on their Motion to Suppress, alleging such articles were the result of an unconstitutional search and seizure.

In examining the record before us, we find the arresting officers testified that they spotted the articles in question in the defendants' car, which had been stopped in the area as the occupants seemed to meet the description of what the robbers were wearing. The police officers had been alerted by radio, and thus they had probable cause to make the arrest. Pursuant to a lawful arrest, the seizure of evidence that is in plain view and that is suspected as the tools of the robbery for which the defendants were tried is not prohibited. State v. Edwards, 257 La. 707, 243 So.2d 806 (1971). Further, a reasonable warrantless search of a mobile vehicle may be properly made. La.C.Cr.P. art. 225; State v. Pebworth, 251 La. 1063, 208 So.2d 530 (1968). Such a search violates no constitutional guarantees. See Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419 (1970) and State v. Ryan, 255 La. 398, 231 So.2d 365 (1970).

The defendant's second bill of exceptions, taken to the overruling of a Motion to Dismiss due to the denial of a speedy trial, is similarly without merit. The case was set for trial February 26, 1971, but as neither appellants' attorneys were present the case was continued, and reset for June 23, 1971. It was not until June 17, 1971 that Maiden filed a motion for a speedy trial. Subsequently, Murphy's attorney filed a petition for a continuance on June 23, 1971. As it was the intention of the state to try the appellants jointly, and as certain witnesses deemed necessary by the state had not been served, the court granted another continuance until August 20, 1971, as the court was then going into summer recess. On August 20 no appearance was made on behalf of appellant Charles E. Maiden. The month of September was taken up on Maiden's motion to suppress evidence, after which the trial was again set for October 11, 1971. Ultimately on October 13, trial was held...