State v. Mullins

• Decision Date: 19 December 1977
• Docket Number: No. 60026,60026
• Citation: 353 So.2d 243
• Parties: STATE of Louisiana v. John Wayne MULLINS.
• Court: Louisiana Supreme Court

Page 243

353 So.2d 243

STATE of Louisiana v. John Wayne MULLINS.

No. 60026.

Supreme Court of Louisiana.

Dec. 19, 1977.

John Barkley Knight, Jr., Winnesboro, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Don K. Carroll, Dist. Atty., S. E. Lee, Jr., Asst. Dist. Atty., for plaintiff-appellee.

MARCUS, Justice.

John Wayne Mullins was charged by bill of information with the crime of simple burglary in violation of La.R.S. 14:62. After trial by jury, he was found guilty as charged and was sentenced to serve three years at hard labor. On appeal, defendant relies on eight assignments of error for reversal of his conviction and sentence.

ASSIGNMENTS OF ERROR NOS. 1, 2, 3, 4 AND 5

Defendant contends the trial judge erred in admitting in evidence, over his objections and motions for mistrial, the testimony of various state witnesses relative to his admissions of guilt prior to the establishment of the corpus delicti of the crime.

At trial, Royce Manning, a state witness, testified that on November 26, 1976, he parked and locked his pickup truck, in which he had a tape player, some oil, wrenches and cartons of cigarettes, while he went deer hunting. The witness stated that, because a vent window on the driver's side of the vehicle had been broken previously, cardboard had been placed over the opening to prevent rain from damaging the interior of the truck. He testified that he had left a key to the truck with his brother, Troy Sam Manning, so that he might drive his vehicle home. Upon his return two days later, Manning discovered that the tape player and the other items had been stolen from the truck. He testified that he later learned from a friend that his tape player was at Ralph Weems' house where defendant also resided. After relating that he called defendant at his home to verify that the tape player was there, the witness was then asked by the state what defendant told him. Defendant objected to this question on the ground that any admission made by him to Manning was inadmissible since the state had not proven the corpus delicti of the crime in that there was no proof of an unauthorized entry of the truck, an essential element of simple burglary. The objection was overruled. The prosecutor repeated his prior question to the witness who responded that defendant admitted to him that he had removed the object from the vehicle to prevent it from being stolen. Defendant then moved for a mistrial on the ground previously urged as the basis for his objection. The motion was likewise denied.

The state then called Troy Sam Manning who testified that, when he went to pick up his brother's truck, he noticed that the cardboard over the side window had been displaced and the door on the driver's side of the truck was unlocked. He then observed that the tape player had been removed.

Ralph Weems testified that he learned two weeks after the burglary that defendant had the tape player in his possession. Over repeated defense objections and motions for mistrial on the same ground previously urged, Weems stated that defendant admitted that he had taken the tape player from Manning's truck.

It is well settled that an accused party cannot be legally convicted on his own uncorroborated confession without proof that a crime has been committed by someone; in other words, without proof of the corpus delicti. State v. Freetime, 334 So.2d 207 (La.1976); State v. Sellers, 292 So.2d 222 (La.1974); State v. Brown, 236 La. 562, 108 So.2d 233 (1959); State v. Calloway, 196 La. 496, 199 So. 403 (1940); State v. Morgan, 157 La. 962, 103 So. 278 (1925).

In the present case, we consider that the corpus delicti of the crime charged, i. e., simple burglary of the pickup truck, was proved prior to the introduction in evidence of defendant's admissions of guilt. This proof was established by evidence independent of defendant's admissions. State v. Carson, 336 So.2d 844 (La.1976). Hence, there is no merit to defendant's contention. But, even assuming arguendo that the admissions were introduced in evidence prior to the establishment of the corpus delicti, we nonetheless find no substance to defendant's complaint. Neither the state nor the defendant can be controlled by the court as to the order in which evidence shall be adduced; but when the evidence requires a foundation for its admission, the foundation must be laid before the evidence is admissible. La.Code Crim.P. art. 773. Hence, the order of proof is left to the determination of the offering party subject to the general discretion of the court. Although the better practice is to require the establishment of the corpus delicti before an admission or confession is admitted in evidence, the law does not require proof of the corpus delicti as a condition precedent to the introduction of evidence, such as an admission or confession, to connect the accused with the crime charged as long as proof of the corpus delicti is subsequently established during trial. ¹ State v. Odom, 247 La. 62, 169 So.2d 909 (1964); State v. Gani, 157 La. 235, 102 So. 319 (1924); State v. Hill, 135 La. 625, 65 So. 763 (1914); State v. Gebbia, 121 La. 1083, 47 So. 32 (1908). Hence, the trial judge properly admitted defendant's admissions in evidence.

These assignments of error are without merit.

ASSIGNMENTS OF ERROR NOS. 6 AND 7

In Assignment of Error No. 6, defendant contends the trial judge erred in admitting in evidence his taped confession on the grounds that it was introduced prior to the establishment of the corpus delicti; the confession was not freely and voluntarily made by him; and the confession was not admitted in its entirety. In Assignment of Error No. 7, defendant contends the trial judge erred in denying his motion for mistrial based upon the inadmissibility of his confession on the same grounds as above.

Defendant's first basis of challenge to the admissibility of the confession was previously considered in Assignments of Error Nos. 1, 2, 3, 4 and 5 and, for the reasons assigned therein, is without merit.

During trial, outside the presence of the jury, a suppression hearing was conducted. Houston Seymour, a member of the sheriff's department, testified that he questioned defendant with respect to the instant crime on December 20, 1976, shortly after his arrest at which time defendant was advised of his Miranda rights and signed a waiver of rights form. Defendant was again informed of his rights prior to the tape recording of his statement. Seymour stated that defendant was not threatened or promised anything to make him confess to the crime.

Defendant testified that he was brought to the sheriff's office by Deputy Sheriff John H. Matthews who en route warned him that he had "better not be holding back" for if he did Matthews would see to it that he would get "a lot of time out of this deal." Defendant further testified that, while alone with Matthews in the interrogation room when Seymour had left to get a tape to record his confession, Matthews again admonished him not to hold anything back. He stated that throughout the interrogation Matthews looked threateningly at him and, as a result of the menacing remarks and threatening expressions, he was coerced into confessing to the crime. Although he admitted that he was never intimidated by Seymour, defendant testified that he did not report Matthews' threats to Seymour because of his fear of Matthews.

To rebut defendant's testimony, the state called Deputy Sheriff Matthews who testified that, although he could not recall if he had arrested defendant and taken him to the sheriff's office, he did not threaten or promise defendant any favor in an attempt to induce him to confess. Specifically, he denied that he threatened defendant into telling the truth or looked menacingly at him during the preliminary interrogation. In fact, Matthews stated that he was never alone with defendant in the interrogation room since he left the room with Seymour and did not return to the room during the taping of defendant's confession.

At the conclusion of the suppression hearing, the trial judge found that the confession had been freely and voluntarily made by defendant and was therefore admissible. The trial judge further ruled that, since a portion of the taped confession contained an inadmissible reference to another crime committed by defendant, that portion of the confession would have to be deleted before the confession was introduced in evidence. Defendant objected to this ruling arguing that the confession had to be introduced in its entirety, whereupon, the judge inquired of defendant whether he desired the entire confession to be received in evidence. Defendant responded by stating that if the entire confession was admitted in evidence, he would move for a mistrial since the confession contained a prohibited reference to another crime. Over defense objection, the confession was received in evidence with the portion referring to the other crime deleted.

Before a confession may be introduced in evidence, the state has the burden of affirmatively proving that it was free and voluntary and not made under the influence of fear, duress, intimidation, menaces, inducements or promises. La.R.S. 15:451; La.Code Crim.P. art. 703(C). It must also be established that an accused who makes a confession during custodial interrogation was first advised of his Miranda rights. Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). A confession need not be the spontaneous act of the accused and may be obtained by means of questions and answers. La.R.S. 15:453; State v. Hutto, 349 So.2d 318 (La.1977); State v. Adams, 347 So.2d 195 (La.1977); State v. Ross, 343 So.2d 722 (La.1977); State v. Cotton, 341 So.2d 355 (La.1976). A confession is not rendered inadmissible by the fact that law enforcement officers exhort or adjure an accused to tell the truth provided that the exhortation is not accompanied by an...