State v. Nance

315 So. 2d 695
CourtSupreme Court of Louisiana
DecidedJune 23, 1975
Docket55858
StatusPublished
Cited by10 cases

This text of 315 So. 2d 695 (State v. Nance) 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. Nance, 315 So. 2d 695 (La. 1975).

Opinion

315 So.2d 695 (1975)

STATE of Louisiana
v.
Edgar Lee NANCE.

No. 55858.

Supreme Court of Louisiana.

June 23, 1975.

*697 John T. Cox, Jr., Blanchard, Walker, O' Quin & Roberts, Shreveport, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John A. Richardson, Dist. Atty., Paul J. Carmouche, Asst. Dist. Atty., for plaintiff-appellee.

SANDERS, Chief Justice.

The defendant, charged by bill of information with armed robbery, LSA-R.S. 14:64, was convicted by jury of simple robbery, LSA-R.S. 14:65, and was sentenced to serve three years in the Caddo Parish Jail. In this appeal, he presents twenty four assignments of error for our review. We hold that they are without merit and affirm the conviction.

ASSIGNMENT OF ERROR NO. 1

Some six months before trial the State amended the bill of information to change the date of the offense from April 13, 1974, to April 14, 1974.

Date or time is not an essential element of armed robbery. The amendment was properly allowed. LSA-C.Cr.P. Art. 487; State v. Pickett, 261 La. 237, 259 So.2d 307 (1972).

ASSIGNMENTS OF ERROR NOS. 2 AND 3

These assignments relate to the denial of defendant's "Motion to Participate in His Own Defense" in which he sought to be released to investigate the offense and search for witnesses. He also sought access to a typewriter and law books.

*698 The provision of Article 511 of the Louisiana Code of Criminal Procedure that a defendant "has the right to defend himself" sets forth the general principle that a defendant has a right to interpose such defenses as he has at the trial. It does not mean that the defendant has the right to be set at liberty to investigate his case. The defendant here was unskilled in the law and was represented by able court-appointed counsel. He was charged with a very serious offense. Denial of this motion was within the discretion of the trial judge. See State v. Frizzell, La., 273 So.2d 831 (1973).

ASSIGNMENT OF ERROR NO. 4

At the hearing on the Motion to Reduce Bail, bail was reduced from $25,000 to $10,000. Defense counsel urges as error the failure of the district court judge to further reduce bail.

Article 317 of the Louisiana Code of Criminal Procedure provides:

"The amount of bail shall be such as in the judgment of the magistrate will insure the presence of the defendant, having regard to:
(1) The seriousness of the offense charged;
(2) The weight of the evidence against the defendant;
(3) The previous criminal record of the defendant;
(4) The ability of the defendant to give bail; and
(5) Any other circumstances affecting the probability of the defendant's appearance."

The defendant, a North Dakota resident, was apprehended shortly after the offense. His clothing matched that worn by the robber, and he had in his possession money taken in the robbery. Armed robbery, as we have observed, is a serious offense, with a maximum of ninety-nine years imprisonment.

We find no abuse of discretion on the part of the trial judge.

ASSIGNMENT OF ERROR NO. 5

Prior to trial, defense counsel filed a motion for a bill of particulars. In its answer the State furnished much of the information requested, but the trial judge refused, over defense objection, to order the State to furnish information as to the following:

(a) the items and currency taken, where they were seized, and whether they were found on the defendant's person;
(b) whether the defendant signed any waiver of his constitutional rights;
(c) the names and addresses of witnesses;
(d) lineups conducted;
(e) the chain of evidence;
(f) "upon whom" and "in what manner" ". . . the alleged use of force and intimidation by defendant" occurred;
(g) the type of dangerous weapon used; and
(h) any fingerprints discovered.

The information which the State provided included: the time and date of the offense, the location of the arrest, the names of the arresting officers and another officer who interrogated the defendant prior to booking, that no confessions or admissions were made, and the name of the complaining witness and victim.

The purpose of the bill of particulars is to more fully inform the defendant of the nature and cause of the charge against him and to provide him with sufficient information before trial to properly prepare his defense. It cannot be used, however, to secure a pre-trial disclosure of *699 the details of the State's evidence. State v. Rose, La., 271 So.2d 863 (1973).

The information provided clearly was sufficient. The trial court ruling was correct.

ASSIGNMENTS OF ERROR NOS. 6-13, 15 AND 20

In these assignments, defendant asserts that his arrest and the search and seizure which followed were violative of the Fourth Amendment to the United States Constitution in that the arrest was not based upon probable cause. Defendant asserts that the evidence subsequently obtained was a "fruit of the poisonous tree" under Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). We disagree. The testimony adduced on the motion to suppress and at trial indicates that the arrest was upon probable cause and that the evidence was properly admitted.

The robbery occurred at the Zylks Store in Rodessa, Louisiana, in the extreme northwest portion of Caddo Parish. Mr. Carl Zylks, the proprietor of the store, testified that on the day of the robbery, a Sunday on which he is usually closed for business, he had allowed two boys (whose parents had telephoned in a special order) to enter through the back door to pick up the ordered goods. When the boys entered, a hitchhiker, whom they had seen on the highway, entered with them. The hitchhiker, identified by both boys as the defendant, left the store without making a purchase. As the two boys drove away, the hitchhiker lingered at the front of the building. Mr. Zylks testified that the robber then re-entered the store through the rear door and, after Mr. Zylks said he was closing up, the robber "come up behind and put it (a steel bar) around my neck" and said that he wanted money. Although the victim's testimony is vague as to the exact amount taken, he indicated that some ten-dollar bills, some ones, and rolls of quarters, nickels, and some pennies were taken. The robber then tore the telephone from the wall and used the cord to bind Mr. Zylks.

Deputy Dale Nix of the Caddo Parish Sheriff's Department arrived at the scene of the crime at about 1:30 p.m., approximately one hour after the robbery. He testified at the hearing on the motion to suppress that he obtained a description of the robber from Mr. Zylks—that of a Negro male between the ages of seventeen and twenty-one, wearing maroon pants and a dark shirt and in possession of a green trench coat (T—105).

Deputy Nix relayed this information to Deputy Roy Bain, who, in civilian clothes and in an unmarked car, proceeded north in search of the robber. He testified that he spotted the defendant wearing clothes matching the description given and carrying a rolled-up trench coat.

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315 So. 2d 695, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nance-la-1975.