State v. Muse, 711SC94
| Decision Date | 26 May 1971 |
| Docket Number | No. 711SC94,711SC94 |
| Citation | 11 N.C.App. 389,181 S.E.2d 207 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Robert MUSE. |
Atty. Gen. Robert Morgan by Asst. Atty. Gen. William F. Briley for the State.
Worth & Beaman by Grafton G. Beaman, Elizabeth City, for defendant appellant.
Appellant contends that the court erred in its findings entered after Voir dire as to whether his confession was voluntary, and in allowing into evidence incriminating statements amounting to a confession. The evidence shows that S.B.I. Officer O. L. Wise stated that he visited the defendant in his jail cell and had a conversation with him. At that point, counsel for defendant entered an objection, and a Voir dire was conducted. Officer Wise's testimony on Voir dire is, in substance, as follows: Officer Wise made several visits to defendant's jail cell between 12 June 1969 and 15 July 1969. Each visit to the defendant's cell was a result of defendant's request to see him. The defendant stated on several of these visits that he did not understand why his bond was so high; that he had a family and could not support his family by being in jail, and he could not employ counsel unless he could get out of jail and go to work. He asked the officer to help him do something to get his bond lowered. The officer tried to contact a judge but was unable to do so and so advised the defendant. The defendant indicated he might have some information that would be of interest and value to the officer. The officer told the defendant that if he could help the officer in solving any crimes he would appreciate it. 'He still wanted me to help assist in getting the bond lowered.' The officer told the defendant that he was a police officer and could not make any promises. The officer did however, tell the defendant that if he gave him any information in solving any case that 'I would let it be known.' Officer Wise said that he did not caution defendant of his constitutional rights because he did not go to the jail to interrogate defendant, but went there at defendant's request. Officer Wise said all of defendant's statements were voluntarily made, without any prompting from him. The defendant did not offer any evidence on Voir dire. Judge Rouse found facts in substance as follows: At no time were the discussions with the defendant initiated by Officer Wise. Mr. Wise did not request the defendant to make a statement with respect to the alleged breaking and entering of City Motor Parts, Inc. and larceny of tools therefrom. The information and statements of the defendant were volunteered. This was not a custodial interrogation wherein the questioning was initiated by a law enforcement officer. There is nothing to indicate any lack of intelligence of the defendant. Judge Rouse concluded that the statements were voluntarily and understandingly made, and admissible as evidence in this case. The jury returned and the officer related the statements made to him by defendant with reference to the tools.
This court must decide as a matter of law whether the circumstances of this case rendered the confession inadmissible. State v....
To continue reading
Request your trial
-
State Of North Carolina v. Walker
...this Court has previously held that a three-inch knife, when used in an assault, is a deadly weapon per se. Cox, 11 N.C.App. at 380, 181 S.E.2d at 207. Finally, the record supports a finding that the knife in question was a deadly weapon based on the effects resulting from its use. In Sturd......
-
Smith v. State
...friend would help him avoid punishment, i.e., that he was duped into waiving his constitutional rights (relying on State v. Muse (1971), 11 N.C.App. 389, 181 S.E.2d 207) The State responds that the waiver was knowingly, intelligently and voluntarily given and extensive warnings were made in......
- State v. Littlejohn
- Taylor v. Askew