Taylor v. State

• Citation: 191 Tenn. 670,27 Beeler 670,71 S.Ct. 350,235 S.W.2d 818
• Parties: TAYLOR v. STATE. 27 Beeler 670, 191 Tenn. 670, 235 S.W.2d 818
• Decision Date: 15 July 1950
• Court: Supreme Court of Tennessee

Page 818

235 S.W.2d 818

TAYLOR v. STATE.

27 Beeler 670, 191 Tenn. 670, 235 S.W.2d 818

Supreme Court of Tennessee.

July 15, 1950.

Certiorari Denied by United States Supreme Court Jan. 8, 1951.

See 71 S.Ct. 350.

L. E. Gwinn, Thomas L. Robinson and G. Ray Petty, all of Memphis, for plaintiff in error.

J. Malcolm Shull, Asst. Atty. Gen., for the State.

NEIL, Chief Justice.

The plaintiff in error, who will be later on referred to as the defendant, was tried jointly with one, William Louis York, Jr., under an indictment charging larceny and receiving stolen property. The indictment as found and returned by the grand jury contained four counts. Count 1 charged Taylor with being an accessory before the fact to larceny committed by his co-defendant York. Count 2 charged York with fraudulent breach of trust. Count 3 charged Taylor and York with larceny in the following language: '* * * did unlawfully and feloniously steal, take and carry away The Sum of Four Thousand Four Hundred Ninety Seven & 43/100 ($4,497.43) Dollars, good and lawful money of the United States, a more particular description of which is to the Grand Jurors aforesaid unknown * * *'.

Count 4 charges Taylor with receiving stolen property. Counts 1 and 2 were dismissed, and the defendants tried on Counts 3 and 4, to which both of the defendants entered a plea of 'not guilty'.

The jury found both guilty and fixed their punishment at not more than three years in the State penitentiary. A motion for a new trial was seasonably made, overruled and sentence pronounced by the trial judge, to which action of the court exception was taken by Taylor, and an appeal prayed and granted. York did not appeal.

Preliminary to the trial, and also at the beginning of the trial, the defendant Taylor moved the court for a severance and to permit his counsel to inspect a written statement or declaration alleged to have been made by Taylor relative to the crime charged in the indictment. The grounds for a severance were the following: (1) The defendants have antagonistic defenses. (2) 'Evidence in favor of one of the defendants, admissible on a separate trial, would not be allowed on a joint trial.' (3) Evidence, incompetent as to the defendant, Carlos E. Taylor, and competent as to York 'would work prejudically to the former'. (4) That an alleged confession by the defendant, York, if introduced and proved, would be calculated to prejudice the jury against the defendant, Taylor. (5) On this ground the motion is argumentative as to the alleged antagonism between the two defendants as to the nature and extent of their defenses.

The grounds upon which the defendant moved the court for permission to inspect a supposed written confession by his co-defendant York are found on pages 28 and 29 of the record. We find it unnecessary to refer in detail to this statement because it appears that counsel was familiar with the alleged confession of York, the defendant Taylor being present when it was made and taken down by a typist. It is also argumentative as to whether or not it was a free and voluntary expression. Both motions were overruled and an exception noted.

The facts and circumstances upon which both York and Taylor were found guilty may be briefly summarized as follows: William L. York, Jr., was an employee of the Perkins Oil Company in the City of Memphis, doing clerical work and being trained for a position as Manager under the G. I. Bill. One of his duties was to obtain the weekly payroll from the bank. On May 27, 1949, he received, along with other papers to be delivered to the bank, a check drawn upon the Union Planters Bank, signed by the Vice President of the oil company, and made payable to 'W. L. York, Jr., Agent' in the sum of $4,497.43. Prior to the presentation of this check the bank had been notified as to the amount of the payroll and the denominations in which it was to be paid. The entire amount had been placed in a sealed bag and was ready to be delivered to York when he presented the check for payment. He endorsed the check and received the money from the bank teller. About 3:00 o'clock on the same day he called up the Vice President of the Perkins Oil Company, who had signed the check, and reported that he had been held up and robbed. The call was made from a grocery store in South Memphis. Upon instructions he awaited the arrival of officers to whom he stated that he had been held up by two unidentified white men. He was detained over night and was interrogated by police officers, but was released on the following morning. From the date that York cashed the check and reported the alleged robbery he was interviewed from time to time by officers of the law and was finally placed under arrest on July 18, 1949. On the afternoon of that day he was asked by a city detective as to where he obtained the money to buy certain furniture. He replied that a friend, whose name he declined to give without the friend's permission, loaned it to him. The amount of the loan was $500.00. Later the officers interviewed Taylor at the latter's restaurant and he stated he had loaned York $100.00. He changed this statement by saying the amount was $500.00, giving as a reason that he did not want anyone, especially his wife, to know he was loaning money. He took no note or other evidence of this indebtedness.

York was detained over night. During the evening of July 18 the officers interviewed his wife at her home for about three hours. On the following morning a detective called Mrs. York and brought her to the city jail in a police car to see her husband. She was not under arrest and was not forced to accompany the officers. At the suggestion of one of the detectives she called Taylor at his restaurant and made an appointment to meet him that afternoon at a designated place. At this meeting she told Taylor her husband was being detained and she needed some money to buy food for their child and to pay rent. The defendant Taylor stated he had only $7.00 or $8.00, which she declined. He promised to try and obtain some money for her. She reported to the police what had occurred at this meeting and thereupon another appointment was made for Taylor to meet her at the 'Hitching Post'. At this second meeting between Mrs. York and Taylor he brought $50.00, taking it from the cash register in his restaurant. This occurred on July 19, the day after York was taken into custody. The officers took Taylor in custody at this second meeting with Mrs. York, and they were taken to the police station for questioning. In the meantime York had made an incriminating statement 'in which he said he would give a statement regarding the alleged hold up in the presence of Mr. Taylor'. The defendant Taylor denied knowing anything whatever about any 'hold up' or the alleged loss of the payroll. On the evening of the 19th of July, York and Taylor were brought together in the presence of several officers and four or five business men. At which time York made a full confession. It was made in writing and sworn to before a notary. Before he made the confession an officer was sent for Mrs. Taylor. She, with her five year old child, was brought to the police station about 9:00 o'clock. The wives of the two defendants were present when York confessed and also when the defendant Taylor later made a confession of participating in the crime. These confessions were strenuously objected to by both defendants upon the ground that they were made under duress. The trial judge, following an extensive hearing of witnesses in the absence of the jury, held that they were freely and voluntarily made and allowed them to be read to the jury over the defendants' objections.

This action of the trial judge is assigned as error, counsel for defendant insisting (1) 'There was no proof of the corpus delicti when these statements were offered in evidence'. (2) 'The confessions were not the free and voluntary statements of the accused'.

The substance of York's confession (made in Taylor's presence) is that he had become acquainted with his co-defendant by having eaten lunch in the latter's restaurant; that they had gambled some in Taylor's home; that Taylor suggested in fake holdup; that it was agreed that on the next payday York would call Taylor and advise him when he would be at a certain point with the money, which he did, and that Taylor met him in a cream colored Mercury sedan; that he York got in the car and laid down on the floor board where he remained until Taylor slowed down and let him out; that he left the payroll in the car and called the police and reported a hold up; that he received from Taylor approximately $2,000.00, being paid in $100.00 and $200.00 lots at different times; that Taylor still owed him approximately $230.00 out of his half of the stolen money. He further stated he concocted the story about the loan of $500.00 to explain the source of money expended for furniture.

When the foregoing confession had been completed in Taylor's presence he was asked if it were true. He replied that it was except that York had suggested the plan of stealing the money and he did not owe him anything.

Several officers, including Inspector Hinds, and a business man who was present, testified that they made no promises to either defendant to obtain the confessions and no pressure was brought to bear upon them to induce a statement. On the contrary York insisted that the Inspector, or other officers, promised to make it light on him if he would implicate Taylor, and he was worried because of his wife's presence at the jail, etc. Another reason was he feared the officers might tell his wife about some charges of alleged sex perversions which had been made against him.

The defendant Taylor contended that he was not guilty and that he was 'up set' because of his wife and child being kept at the jail until a late hour, and he confessed so that they might be allowed to go home (it was then after 12 o'clock at...