FELTON JENNINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1958-10-29
No. 461
KANNER, C. J., and ALLEN, J., concur.
106 So. 2d 99 Florida District Court of Appeal, Second District (1958) Positive Treatment
Cited by 2 cases

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Synopsis

The appellate court affirmed a second-degree murder conviction, holding that the defendant's confession was admissible because it was voluntarily made, even without a formal warning that it could be used against him.


Holding

Yes, the confession was properly admitted into evidence because it was freely and voluntarily made.


Key Quotes

“It has long been held by the Supreme Court of Florida that a voluntary confession to a police officer is admissible in evidence, although no actual warning h> the accused was given to the effect that any statement made by him might be used against him in a subsequent trial.”

Establishes the legal precedent for admitting voluntary confessions without a formal warning.

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Facts & Procedural History

The appellant was indicted for first-degree murder and subsequently tried and convicted of second-degree murder. The sole issue on appeal concerned th…

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Opinion of the Court
DAYTON, ORVIL L., Jr., Associate Judge.

DAYTON, ORVIL L., Jr., Associate Judge.

Appellant was indicted for the crime of first degree murder by the Grand Jury of Hillsborough County on November 6, 1957. On December 17, 1957, appellant was tried and convicted of second degree murder in the Circuit Court of Hills-borough County.

The only point for determination raised by appellant is whether or not the confession of the appellant was properly obtained and' admitted in evidence at the trial.

It is abundantly clear from the Record that the confession of the appellant to police officers was freely and voluntarily made with the knowledge that such confession could be used against him at the trial. It has long been held by the Supreme Court of Florida that a voluntary confession to a police officer is admissible in evidence, although no actual warning h> the accused was given to the effect that any statement made by him might be used against him in a subsequent trial. McDonald v. State, 70 Fla. 250, 70 So. 24; Edwards v. State, 71 Fla. 354, 71 So. 331; Phillips v. State, 88 Fla. 117, 101 So. 204; Williams v. State, 143 Fla. 826, 197 So. 562.

Since this is the only question raised by appellant on this appeal, the judgment of the lower Court is, therefore, affirmed.

KANNER, C. J., and ALLEN, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Moffett v. State, 179 So. 2d 408 (Fla. 2d DCA 1965)
    …Cochran v. State, Fla.App.1960, 117 So. 2d 544, 79 A.L.R.2d 638. . Coffee v. State, 1889, 25 Fla. 501, 6 So. 493; Sciortino v. State, Fla.App.1959, 115 So. 2d 93. . McDonald v. State, 1915, 70 Fla. 250, 70 So. 24; Jennings v. State, Fla.App.1958, 106 So. 2d 99. . Nickels v. State, note 4, supra. . Thomas v. State, 1910, 58 Fla. 122, 51 So. 410; Chavigny v. State, Fla.App.1959, 112 So. 2d 910. . Escobedo v. State of Illinois, 1964, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977.…

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