State v. Peoples

CourtUnited States Court of Appeals (Ohio)
Writing for the CourtLYNCH; O'NEILL, P. J., and JOHNSON
Citation275 N.E.2d 626,28 Ohio App.2d 162
Decision Date15 June 1971
Parties, 57 O.O.2d 226 The STATE of Ohio, Appellee, v. PEOPLES et al., Appellants.

Page 162

28 Ohio App.2d 162
275 N.E.2d 626, 57 O.O.2d 226
The STATE of Ohio, Appellee,
v.
PEOPLES et al., Appellants.
Court of Appeals of Ohio, Seventh District, Mahoning County.
June 15, 1971.

[275 N.E.2d 628] Syllabus by the Court

1. The purport of Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977, and Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, is to prevent oppressive police tactics which violate individual rights and produce involuntary confessions.

2. A person not a police officer, or not acting in concert with or at the request of police authority, is not required to extend constitutional warnings prior to the eliciting of an incriminating statement.

3. Private security officers or private detectives are not officers of the law in such capacity that they have to render a constitutional warning precedent to taking of a statement in nature of a confession.

4. Under R.C. § 2945.42, the defendant in a criminal prosecution may be cross-examined as to his convictions of crime under state or federal laws.

5. Mere inexperience or unskillfulness, mistakes or errors of judgment, and improper trial strategy in connection with the case are ordinarily insufficient to justify setting aside a judgment of conviction because of the claimed incompetency of retained counsel for the accused.

6. The judgment of conviction is void where retained counsel's representation has been so inadequate as to make the trial a farce and a mockery of justice, thereby denying the accused of a fair trial (due process of law) or invading his constitutional right to the effective assistance of counsel.

Page 163

Vincent E. Gilmartin, Pros. Atty., and John A. Kicz, Youngstown, for appellee.

Lawrence H. Friedlander, Cleveland, and Louis K. Levy, Youngstown, for appellants.

LYNCH, Judge.

Defendants, appellants herein, are appealing their conviction by a jury of grand larceny, in violation of R.C. § 2907.20.

On May 5, 1970, at approximately 2:27 a. m., plant protection police working at the Youngstown Sheet and Tube Brier Hill Works found that approximately 254 feet of copper cable had been cut down from the side of the Coke By-Products Building and was missing. A check of the surrounding area produced nothing. Approximately 6:00 a. m., when it began to get light, the plant protection police found marks in the heavy dew where the stolen cable had been dragged. They followed these marks to the north boundary fence. While watching from this fence about 6:50 a. m. a pickup truck drove west on old West Federal Street and stopped about 75 feet away from where the plant protection police were watching. Defendants got out of the truck and began to load copper cable into the truck. At this time, the plant protection police climbed over the fence, approached defendants with weapons in their hands, ordered them to stop what they were doing and to raise their hands, and asked them what they were doing. Defendants stated they had found the copper cable there.

The plant protection police searched defendants and the truck, but the only thing they found, besides the copper cable that was lying in full view in the truck, was a temporary tne-day license in the name of Mack Peoples in the glove compartment of the truck.

The plant protection police then called the Youngstown police, who took custody of them.

The evidence indicates that the copper cable that defendants were loading on the [275 N.E.2d 629] truck was the same copper

Page 164

cable removed from the Youngstown Sheet and Tube property.

Defendant Mack Peoples testified that he and defendant Amos Stone were delivering a truck that he had repaired that night when the truck ran out of gas. They were walking home past old West Federal Street about 6:00 a. m. when they noticed the copper cable along the road. They then walked to Tipper's Auto Wrecking on Cherry Street, which the evidence indicated was 4.1 miles from where the copper cable was located, and got a truck which they drove back to pick up the copper cable. Defendant Peoples contended that they arrived with the truck where the copper cable was located about 7:30 a. m.

Defendants' first assignment of error is that the verdict is against the manifest weight of the evidence and that the trial court erred in overruling defendants' motions to direct a verdict for defendants. We have reviewed the record of this case and find defendants' first assignment of error to be without merit.

Defendants' second assignment of error concerns the interrogation of defendants by the plant protection police without being advised of their constitutional rights and the search of defendants and their truck by the plant protection police.

The reocrd is not too clear as to what official authority the plant protection police had to enforce the law, but the record does indicate that their authority to arrest was restricted to the property of Youngstown Sheet and Tube Company.

R.C. § 2935.04 provides, as follows:

'When a felony has been committed, or there is reasonable ground to believe that a felony has been committed, any person without a warrant may arrest another whom he has reasonable cause to believe is guilty of the offense, and detain him until a warrant can be obtained.'

We are inclined to feel that the plant protection police of the Youngstown Sheet and Tube Company had legal authority to arrest defendants under the circumstances

Page 165

of this case. But even if they did not have such authority, we find that whatever constitutional rights of either of the defendants that might have been affected by their being...

To continue reading

Request your trial
23 practice notes
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...State v. Crockett, 543 S.W.2d 314 (Mo.App.1976); People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970); State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 In People v. Blevins, 251 Ill. 381, 96 N.E. 214 (1911), the court recognized that "oppression" a word not often [161 W.Va. 536] us......
  • State v. Artis, L-19-1267
    • United States
    • United States Court of Appeals (Ohio)
    • August 27, 2021
    ...his own choice of attorney."); State v. Lopshire, 11th Dist. Portage No. 2005-P-0037, 2006-Ohio-3215, ¶ 37, quoting State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 (2d Dist.1971), paragraphs five and six of the syllabus ("'Mere inexperience or unskillfulness, mistakes or errors of judg......
  • State v. Antonio Dawson, 93-LW-5137
    • United States
    • United States Court of Appeals (Ohio)
    • November 18, 1993
    ...trier will not be permitted to consider a lesser-included offense. State v. Nolton (1969), 19 Ohio St.2d 133; State v. Peoples (1971), 28 Ohio App.2d 162. In this case, appellant completely denied being the perpetrator of the crime. Thus, since he denied the elements of both murder and mans......
  • State v. Larry Stewart, 98-LW-4826
    • United States
    • United States Court of Appeals (Ohio)
    • November 19, 1998
    ...denied being at the Bells' apartment on the night of the incident. State v. Nolton (1969), 19 Ohio St.2d 133; State v. Peoples (1971), 28 Ohio App.2d 162. Moreover, there was not a scintilla of evidence that the victims either provoked him or that he was under the influence of a sudden pass......
  • Request a trial to view additional results
23 cases
  • State v. Pratt, Nos. 13772 and 13773
    • United States
    • Supreme Court of West Virginia
    • May 2, 1978
    ...State v. Crockett, 543 S.W.2d 314 (Mo.App.1976); People v. O'Guin, 26 Mich.App. 305, 182 N.W.2d 103 (1970); State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 In People v. Blevins, 251 Ill. 381, 96 N.E. 214 (1911), the court recognized that "oppression" a word not often [161 W.Va. 536] us......
  • State v. Artis, L-19-1267
    • United States
    • United States Court of Appeals (Ohio)
    • August 27, 2021
    ...his own choice of attorney."); State v. Lopshire, 11th Dist. Portage No. 2005-P-0037, 2006-Ohio-3215, ¶ 37, quoting State v. Peoples, 28 Ohio App.2d 162, 275 N.E.2d 626 (2d Dist.1971), paragraphs five and six of the syllabus ("'Mere inexperience or unskillfulness, mistakes or errors of judg......
  • State v. Antonio Dawson, 93-LW-5137
    • United States
    • United States Court of Appeals (Ohio)
    • November 18, 1993
    ...trier will not be permitted to consider a lesser-included offense. State v. Nolton (1969), 19 Ohio St.2d 133; State v. Peoples (1971), 28 Ohio App.2d 162. In this case, appellant completely denied being the perpetrator of the crime. Thus, since he denied the elements of both murder and mans......
  • State v. Larry Stewart, 98-LW-4826
    • United States
    • United States Court of Appeals (Ohio)
    • November 19, 1998
    ...denied being at the Bells' apartment on the night of the incident. State v. Nolton (1969), 19 Ohio St.2d 133; State v. Peoples (1971), 28 Ohio App.2d 162. Moreover, there was not a scintilla of evidence that the victims either provoked him or that he was under the influence of a sudden pass......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT