State v. Wheeler
| Decision Date | 28 March 1961 |
| Docket Number | No. 10161,10161 |
| Citation | 92 R.I. 389,169 A.2d 7 |
| Parties | STATE v. Donald G. WHEELER. Ex. |
| Court | Rhode Island Supreme Court |
J. Joseph Nugent, Atty. Gen., Corinne P. Grande, Special Counsel, Providence, for the State.
Pontarelli & Berberian, Aram K. Berberian, Providence, for defendant.
This is a complaint and warrant charging the defendant with failing to drive at an appropriate reduced speed when approaching and going around a curve as required by G.L.1956, § 31-14-3. It was tried before a superior court justice, who, sitting without a jury, found the defendant guilty as charged. The case is before us on the defendant's bill of exceptions to an evidentiary ruling and to the decision of the trial justice.
It appears from the record that at or about midday on January 20, 1960 police officer James A. Kane of the town of Westerly was detailed by a superior officer to investigate a motor vehicle accident on Watch Hill road in said town. On arriving at the scene Kane found the defendant seated behind the wheel of his automobile which appeared to be extensively damaged.
The officer testified that the car had come to rest some 400 feet beyond the beginning of a curve in the highway and that skid marks were apparent from the spot where the car rested to about the point where the curve began. He further testified that between the car and the curve two telephone poles 120 feet apart had been snapped off and that the second of the poles was 9 feet 10 inches from defendant's car in the direction of the curve.
In addition to the officer's testimony there was received in evidence a sketch drawn by him and giving exact distances relative to the car, the poles and the skid marks. The state also introduced in evidence four pictures taken by another police officer which together show the position and condition of the car, poles and the skid marks for a part of the distance.
After Kane had testified to the foregoing, and the photographs as well as the sketch or diagram had been received in evidence, counsel for the state asked the officer whether defendant had made any statement to him regarding the accident. To this question counsel for defendant objected and after some discussion the objection was overruled and defendant's exception noted. This is the exception to an evidentiary ruling contained within defendant's bill of exceptions. The defendant contends that the question was properly objectionable since it was designed to adduce through the officer any admission which defendant may have made. He argues that no such admission could be shown at that stage of the trial for the reason that the state had thus far failed to prove the corpus delicti beyond a reasonable doubt.
The record discloses, however, that the particular question was not answered. After the objection had been overruled counsel for the state repeated the question in a different form, and without objection from defense counsel the police officer testified that defendant had admitted being the operator of the car. The defendant contends in effect that it...
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State v. Halstead, 79-24-C
...is admitted, it may be considered as corroborating evidence to prove corpus delicti beyond a reasonable doubt. State v. Wheeler, 92 R.I. 389, 391, 169 A.2d 7, 9 (1961). In the case before us, the state introduced ample evidence of corpus delicti prior to the admission of defendant's confess......
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State v. Maloney
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State v. Wilbur
...into evidence. State v. Jardine, 110 R.I. 491, 293 A.2d 901 (1972); State v. Mantia, 101 R.I. 367, 223 A.2d 843 (1966); State v. Wheeler, 92 R.I. 389, 169 A.2d 7 (1961). The record indicates that prior to its offering Rogers' confession, the state had elicited competent evidence, which if b......
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State v. Jardine
...reasonable doubt before an admission can be received into evidence. State v. Mantia, 101 R.I. 367, 223 A.2d 843 (1966); State v. Wheeler, 92 R.I. 389, 169 A.2d 7 (1961); State v. Jacobs, 21 R.I. 259, 43 A. 31 Here, there was evidence, apart from Jardine's shout, that showed evidence that th......