Wilson v. State
| Decision Date | 07 September 1972 |
| Docket Number | No. 27223,27223 |
| Citation | 191 S.E.2d 783,229 Ga. 395 |
| Parties | Eugene James WILSON v. The STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The totality of circumstances fails to disclose reversible error by the trial judge in his determination, after a hearing out of the presence of the jury, that the written confession was voluntary and admissible in evidence.
Eugene James Wilson appeals his conviction and sentence to life imprisonment for the murder of Howard Hart on October 3, 1970. The sole issue argued and insisted upon before this court is whether, from the totality of circumstances disclosed in a hearing before the trial judge, this judge erred in ruling that a written confession was voluntarily made and admissible for consideration by the jury hearing the issue of guilt or innocence.
J. Stephen Gupton, Jr., Valdosta, for appellant.
George A. Horkan, Jr., Dist. Atty., Moultrie, Arthur K. Bolton, Atty. Gen., Harold N. Hill, Jr., Executive Asst. Atty. Gen., Courtney Wilder Stanton, David L. G. King, Jr., Asst. Attys, Gen., Atlanta, for appellee.
We affirm.
Based on information from another suspect, Ronnie Lee Gray, that the accused was with him on October 3, 1970, investigators apprehended Wilson on the morning of October 5, 1970. He denied being with Gray and was released. The investigators, after questioning Gray further, were convinced that Wilson had been with him, and apprehended Wilson a second time on the afternoon of October 5, 1970, and he was thereafter held in custody. The testimony of Wilson on cross-examination discloses that when he was first placed in custody, either on the morning of October 5, 1970, or when apprehended again that afternoon, he was told that he was being held on suspicion of murder. It is also clear from his own testimony on cross-examination that at the outset of the investigation he was advised of his constitutional rights, and that he understood these rights. His testimony, and that on behalf of the State, however, conflict in respect to whether at any stage of the investigation he actually asked for counsel. He stated that he told his interrogators from the beginning that he preferred a lawyer, and could not understand why he could not get a lawyer. He was questioned during the afternoon of October 6, 1970, and admitted being with Gray on October 3, 1970, but denied any knowledge of exactly when or where, although he vaguely remembered hearing two shots he thought were from a gun. It is undisputed that Hart died from shotgun wounds. Although not adduced in evidence until after the ruling on admissibility of the confession, it appears that he was questioned again on October 7, 1970. The State obtained an order dated October 8, 1970, to hold him as a material witness, with bail bond set at $5,000. In conflict with testimony for the State, Wilson testified he was never told he was being held as a material witness, or that he could obtain his release by posting a bond. He further testified, contrary to testimony for the State, that in respect to his inquiry about release an investigator told him that if he did not make a better statement he would never get out of jail, and that a relative of the deceased would swear out a warrant on him. Further questioning took place on October 9 and 12, 1970. He consented and...
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