State v. Mullins

353 So. 2d 243
CourtSupreme Court of Louisiana
DecidedDecember 19, 1977
Docket60026
StatusPublished
Cited by38 cases

This text of 353 So. 2d 243 (State v. Mullins) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Mullins, 353 So. 2d 243 (La. 1977).

Opinion

353 So.2d 243 (1977)

STATE of Louisiana
v.
John Wayne MULLINS.

No. 60026.

Supreme Court of Louisiana.

December 19, 1977.

*245 John Barkley Knight, Jr., Winnesboro, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Don K. Carroll, Dist. Atty., S. E. Lee, Jr., Asst. Dist. Atty., for plaintiff-appellee.

MARCUS, Justice.

John Wayne Mullins was charged by bill of information with the crime of simple burglary in violation of La.R.S. 14:62. After trial by jury, he was found guilty as charged and was sentenced to serve three years at hard labor. On appeal, defendant relies on eight assignments of error for reversal of his conviction and sentence.

ASSIGNMENTS OF ERROR NOS. 1, 2, 3, 4 AND 5

Defendant contends the trial judge erred in admitting in evidence, over his objections and motions for mistrial, the testimony of various state witnesses relative to his admissions of guilt prior to the establishment of the corpus delicti of the crime.

At trial, Royce Manning, a state witness, testified that on November 26, 1976, he parked and locked his pickup truck, in which he had a tape player, some oil, wrenches and cartons of cigarettes, while he went deer hunting. The witness stated that, because a vent window on the driver's side of the vehicle had been broken previously, cardboard had been placed over the opening to prevent rain from damaging the interior of the truck. He testified that he had left a key to the truck with his brother, Troy Sam Manning, so that he might drive his vehicle home. Upon his return two days later, Manning discovered that the tape player and the other items had been stolen from the truck. He testified that he later learned from a friend that his tape player was at Ralph Weems' house where defendant also resided. After relating that he called defendant at his home to verify that the tape player was there, the witness was then asked by the state what defendant told him. Defendant objected to this question on the ground that any admission made by him to Manning was inadmissible since the state had not proven the corpus delicti of the crime in that there was no proof of an unauthorized entry of the truck, an essential element of simple burglary. The *246 objection was overruled. The prosecutor repeated his prior question to the witness who responded that defendant admitted to him that he had removed the object from the vehicle to prevent it from being stolen. Defendant then moved for a mistrial on the ground previously urged as the basis for his objection. The motion was likewise denied.

The state then called Troy Sam Manning who testified that, when he went to pick up his brother's truck, he noticed that the cardboard over the side window had been displaced and the door on the driver's side of the truck was unlocked. He then observed that the tape player had been removed.

Ralph Weems testified that he learned two weeks after the burglary that defendant had the tape player in his possession. Over repeated defense objections and motions for mistrial on the same ground previously urged, Weems stated that defendant admitted that he had taken the tape player from Manning's truck.

It is well settled that an accused party cannot be legally convicted on his own uncorroborated confession without proof that a crime has been committed by someone; in other words, without proof of the corpus delicti. State v. Freetime, 334 So.2d 207 (La.1976); State v. Sellers, 292 So.2d 222 (La.1974); State v. Brown, 236 La. 562, 108 So.2d 233 (1959); State v. Calloway, 196 La. 496, 199 So. 403 (1940); State v. Morgan, 157 La. 962, 103 So. 278 (1925).

In the present case, we consider that the corpus delicti of the crime charged, i. e., simple burglary of the pickup truck, was proved prior to the introduction in evidence of defendant's admissions of guilt. This proof was established by evidence independent of defendant's admissions. State v. Carson, 336 So.2d 844 (La.1976). Hence, there is no merit to defendant's contention. But, even assuming arguendo that the admissions were introduced in evidence prior to the establishment of the corpus delicti, we nonetheless find no substance to defendant's complaint. Neither the state nor the defendant can be controlled by the court as to the order in which evidence shall be adduced; but when the evidence requires a foundation for its admission, the foundation must be laid before the evidence is admissible. La.Code Crim.P. art. 773. Hence, the order of proof is left to the determination of the offering party subject to the general discretion of the court. Although the better practice is to require the establishment of the corpus delicti before an admission or confession is admitted in evidence, the law does not require proof of the corpus delicti as a condition precedent to the introduction of evidence, such as an admission or confession, to connect the accused with the crime charged as long as proof of the corpus delicti is subsequently established during trial.[1]State v. Odom, 247 La. 62, 169 So.2d 909 (1964); State v. Gani, 157 La. 235, 102 So. 319 (1924); State v. Hill, 135 La. 625, 65 So. 763 (1914); State v. Gebbia, 121 La. 1083, 47 So. 32 (1908). Hence, the trial judge properly admitted defendant's admissions in evidence.

These assignments of error are without merit.

ASSIGNMENTS OF ERROR NOS. 6 AND 7

In Assignment of Error No. 6, defendant contends the trial judge erred in admitting in evidence his taped confession on the grounds that it was introduced prior to the establishment of the corpus delicti; the confession was not freely and voluntarily made by him; and the confession was not admitted in its entirety. In Assignment of Error No. 7, defendant contends the trial judge erred in denying his motion for mistrial based upon the inadmissibility of his confession on the same grounds as above.

*247 Defendant's first basis of challenge to the admissibility of the confession was previously considered in Assignments of Error Nos. 1, 2, 3, 4 and 5 and, for the reasons assigned therein, is without merit.

During trial, outside the presence of the jury, a suppression hearing was conducted. Houston Seymour, a member of the sheriff's department, testified that he questioned defendant with respect to the instant crime on December 20, 1976, shortly after his arrest at which time defendant was advised of his Miranda rights and signed a waiver of rights form. Defendant was again informed of his rights prior to the tape recording of his statement. Seymour stated that defendant was not threatened or promised anything to make him confess to the crime.

Defendant testified that he was brought to the sheriff's office by Deputy Sheriff John H. Matthews who en route warned him that he had "better not be holding back" for if he did Matthews would see to it that he would get "a lot of time out of this deal." Defendant further testified that, while alone with Matthews in the interrogation room when Seymour had left to get a tape to record his confession, Matthews again admonished him not to hold anything back. He stated that throughout the interrogation Matthews looked threateningly at him and, as a result of the menacing remarks and threatening expressions, he was coerced into confessing to the crime. Although he admitted that he was never intimidated by Seymour, defendant testified that he did not report Matthews' threats to Seymour because of his fear of Matthews.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. William G Perkins
Louisiana Court of Appeal, 2024
State v. Jenkins
896 So. 2d 1277 (Louisiana Court of Appeal, 2005)
State v. Taylor
887 So. 2d 589 (Louisiana Court of Appeal, 2004)
State v. Robinson
780 So. 2d 1213 (Louisiana Court of Appeal, 2001)
State v. Castleberry
758 So. 2d 749 (Supreme Court of Louisiana, 1999)
State v. Mickens
731 So. 2d 463 (Louisiana Court of Appeal, 1999)
State v. Hampton
687 So. 2d 505 (Louisiana Court of Appeal, 1996)
State v. Magee
643 So. 2d 497 (Louisiana Court of Appeal, 1994)
State v. Lee
577 So. 2d 134 (Louisiana Court of Appeal, 1991)
State v. Anderson
554 So. 2d 133 (Louisiana Court of Appeal, 1989)
State v. Livings
548 So. 2d 77 (Louisiana Court of Appeal, 1989)
State v. Massey
535 So. 2d 1135 (Louisiana Court of Appeal, 1988)
State v. Allen
526 So. 2d 1198 (Louisiana Court of Appeal, 1988)
State v. Shoemaker
488 So. 2d 1084 (Louisiana Court of Appeal, 1986)
State v. Benoit
477 So. 2d 849 (Louisiana Court of Appeal, 1985)
State v. Cruz
455 So. 2d 1351 (Supreme Court of Louisiana, 1984)
State v. Joseph
454 So. 2d 237 (Louisiana Court of Appeal, 1984)
State v. Celestine
452 So. 2d 676 (Supreme Court of Louisiana, 1984)
State v. Beck
445 So. 2d 470 (Louisiana Court of Appeal, 1984)
State v. Littleton
436 So. 2d 500 (Supreme Court of Louisiana, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
353 So. 2d 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mullins-la-1977.