Howell v. State
Howell v. State
Opinion
Lessie I. Howell was convicted for burglary in the first degree and was sentenced to 30 years' imprisonment. On this appeal from that conviction, she argues that the admission into evidence of her confession was error because the State failed to prove the corpus delicti.
The defendant was convicted of counts I and III of the indictment. Count I charged the commission of first degree burglary *Page 397 while "armed with a deadly weapon, to-wit: a knife." Count III charged that during the commission of first degree burglary the defendant "did use or threaten the immediate use of a dangerous instrument, to-wit: a screwdriver or other dangerous instrument which is to the Grand Jury unknown."
The victim testified that she was in her bed in the bedroom of her residence when she was assaulted by a man and a woman. According to the victim, the female burglar said, "You better not move, I'll blow your brains out." Sylacauga police detective Wayne Murchison investigated the burglary and testified that the screen on the front door of the victim's house appeared to have been "cut" with a "sharp instrument." In her confession, the defendant stated that during the burglary, her male companion, Roderick McGowan, told the victim "he had a knife."
"[T]he corpus delicti must be established before evidence of any confession of the defendant is admissible." Hines v. State,
"It is a well-settled rule that a confession is not admissible until the corpus delicti is first proven. But if any facts are shown from which the jury may reasonably infer that the crime has been committed, any other evidence tending to implicate the accused is thereby rendered admissible.
"It is also settled that —
Arthur v. State," 'Inconclusive facts and circumstances tending prima facie to show the corpus delicti may be aided by the admissions or confession of accused so as to satisfy the jury beyond a reasonable doubt, and so to support a conviction, although such facts and circumstances, standing alone, would not thus satisfy the jury of the existence of the corpus delicti.' Hill v. State,
207 Ala. 444 ,93 So. 460 ; Matthews v. State,55 Ala. 187 ; Ryan v. State,100 Ala. 94 ,14 So. 868 ; 16 Corpus Juris, § 1514, p. 737."
Here, the circumstantial evidence was sufficient, independent of the confession, to establish a reasonable inference of the corpus delicti of the first degree burglary as charged in the indictment. See Johnson v. State,
The judgment of the circuit court is affirmed.
AFFIRMED.
All Judges concur.
Reference
- Full Case Name
- Lessie I. Howell v. State.
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- Published