Miller v. State

261 So. 2d 57, 47 Ala. App. 717, 1972 Ala. Crim. App. LEXIS 1021
Procedural entryThis page is a short order in Miller v. State. Read the opinion of the Court — 53 Ala. App. 213
Court of Criminal Appeals of Alabama·Decided April 11, 1972·No. 8 Div. 170·Published

Opinion

PER CURIAM.

This appeal is from a conviction of murder in the first degree with a sentence of imprisonment for life.

The appellant pled not guilty and sought to defend under the doctrine of self-defense. However, she did not testify nor offer any witnesses in her defense.

Her motion for a new trial was overruled.

The testimony offered shows that at approximately 9:10 or 9:15 P.M. on February 8, 1970, Decatur Police Detective Tallent and Lt. Shafer were called to the home of the appellant at 1115 Brook Street in Decatur. Upon entering the front room they found the body of Willie McDaniel lying face down on the floor with his head toward the front door and there was a large pool of blood under his face and throat. The body was some five or six feet from the front door and his wife was sitting on a couch. Just behind this room was a dining room and then the kitchen where the appellant was when the officers arrived. Her son was in one of the bedrooms. No knife nor [719]*719weapon was visible when the officers first saw the body but when it was turned over a small pocket knife was found with an ■open blade. Several photographs of the body were made before it was taken by ambulance to a funeral home. Later, after the arrest and incarceration of the appellant in jail, the officers returned to the house and found a butcher knife behind a bicycle on the front porch. On the knife was blood which had partially dried.

Witness Tallent testified that in the kitchen the appellant, after being warned of her Miranda rights, told him she had stabbed the deceased. Later at the city jail the witness claimed appellant in the presence of the coroner and himself made both a verbal and written signed confession, after having been told again and having had her right to remain silent, etc., read to her, and stated that she understood. The written confession went into detail about the deceased •coming to her house, buying some whiskey and then leaving for a few minutes. In the meantime, the wife of deceased had come in and the deceased along with a man named Thomas came back to get more whiskey. He drank some and an argument arose over his failure to pay and he denied owing her anything, using some profanity. She pushed him and picked up a butcher knife which Thomas tried to take from her, but ■did not, and tried to get deceased to pay appellant. The deceased said she did not have the guts to stab him and pushed her. 'She then stabbed him and he went toward the front room where he fell and did not get up and died from the effects of the wound. Appellant called the police from the house of a neighbor.

The statements by the appellant, both oral and written, made to the officers while she was in custody that she had stabbed the deceased were objected to when offered. The appellant argues that the court erred in overruling her ob j ections to this evidence -under the well known doctrine laid down in Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694. No contention is made on appeal concerning the pre-Miranda predicate.

The written confession, State’s Exhibit No. 9, appears in the record as follows:

“VOLUNTARY STATEMENT (UNDER ARREST)
“DATE 2-8-70 TIME 10:45
PLACE Decatur City Hall
“I, Artie Miller, am 35 years of age and my address is 1115 Brooks St. I have been advised and duly warned by Det. Jep Tallent who has identified himself as Det. for City of Decatur of my right to the advice of counsel before making any statement, and that I do not have to make any statement at all, nor incriminate myself in any manner.
“I hereby expressly waive my right to the advice of counsel, and voluntarily make the following statement of the aforesaid person, knowing that any statement I make may be used against me on the trial or trials for the offense or offenses concerning which the following statement is herein made.
“I declare that the following statement is made of my own free will without promise of hope or reward, without fear or threat of physical harm, without coercion, favor or offer of favor, without leniency or offer .of lenience, by any person or persons whomsoever.
“Sometimes when I get in a tight I sell whiskey. On 2-8-70 I had come home from church at approx. 7:00 P.M. or a few minutes after. My son (Frank Miller) was at home at this time but was asleep. I had been home approx. 5 min. when someone knocked on my door. I was in the bath room and I yelled for them to come in. After I had yelled about 3 times Willie McDaniel came into the house. He saw that I was in the bath room and said that he would wait until I was finished. When I came out of the bath room he asked if I had anything to drink and I stated that I had a little. I also told him that I was going to sell out all that I had and that I was going to get married, that I was going to take my blood test this week. At this time he said that I was crazy. Then he said give me a half pint. I poured him a half [720]*720pint in a fruit jar. And he said that he was going to take his old lady a drink. I then poured the whiskey back into the pint bottle. And then someone knocked on the front door just as Willie was paying me for the whiskey. I went to the front door and his old lady, Maggie, was at the door. And she asked me if Willie was there.
“I have read this statement consisting of three pages, and I affirm to the truth and accuracy of the facts contained therein. This statement was completed at 11:45 P.M., on the 8th day of Feb., 1970.
“WITNESS Jep. H. Tallent /s/
“WITNESS John C. McBride /s/
/s/ Artie Miller
Signature of person giving
voluntary statement
“(THE FOLLOWING IS PAGE 2 OF
THE STATEMENT)
“VOLUNTARY STATEMENT
“(Under Arrest)
“DATE-TIME-PLACE ——
“I,-am-years of age. I have been advised and duly warned by Cont. who was identified himself as- - of my right to the advice of counsel before making any statement, and that I do not have to make any statement at all, nor incriminate myself in any manner.
“I hereby expressly waive my right to the advice of counsel, and voluntarily make the following statement to the aforesaid person, knowing that any statement I make may be used against me on the trial or trials for the offense or offenses concerning which the following statement is herein made.
“I declare that the following statement is made of my own free will without promise of hope or reward, without fear or threat of physical harm, without coercion, favor or offer of favor, without leniency or offer of leniency, by any person or persons whomsoever.
“And I said Yes come in. She came in and said I told him not to come over here- and she walked back and she met Willie coming from the kitchen and they had a fuss and got loud and I told them not to talk so loud. And then my cousin, Thomas Baker, came to the door and I told him to come in.

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Miller v. State, 261 So. 2d 57, 47 Ala. App. 717, 1972 Ala. Crim. App. LEXIS 1021 (Ala. Ct. App. 1972).

261 So. 2d 57 (Miller v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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