Commonwealth v. Jones
Commonwealth v. Jones
Opinion of the Court
OPINION OF THE COURT
Appellant, Norris Jones, was tried by a judge and jury and found guilty of murder in the second degree. Post-trial motions were denied and appellant was sen
Appellant’s conviction arose out of the fatal stabbing of Dennis Stancko on October 8, 1971, in Erie, Pennsylvania.
Appellant first argues that his oral statement given to police officers, while he was being transported to police headquarters, was inadmissible because he was not given his Miranda warnings. We do not agree. The record reveals that when appellant was initially picked up by the police officers he was placed in the police vehicle and given his Miranda warnings. He was then asked if he had any weapons on his person, and he produced a knife, which he gave to the police officers, and stated that “it was the knife he used”. Under these facts, we find appellant’s statement to be admissible. See Commonwealth v. Powell, Pa., 328 A.2d 507 (1974).
Appellant next argues, citing Commonwealth v. Collins, 436 Pa. 114, 259 A.2d 160 (1969), that his formal statement is inadmissible because he was not informed prior to his questioning that the victim of the stabbing had died. We do not agree. When appellant was initially given his Miranda warnings at the police station, he was not informed that the victim had died because the police were unaware of the fact. After several preliminary questions, the interview was stopped because the police were informed of the death of the victim. Appellant was then readvised of his rights and told that the victim had died. He again waived his rights and gave the police a statement. This second warning given to appellant advised him of the death of the victim and gave him the requisite information to make an intelligent decision of whether to waive his rights. We therefore find no error in the police procedure.
Appellant next argues that he was denied due process of law because of the absence of black jurors on
Appellant next argues that the trial judge erred in his charge relating to self-defense, and in his explanation of the differences between voluntary manslaughter and murder in the second degree. An examination of the trial judge’s charge clearly establishes that both points were fully and properly covered by the trial judge.
Judgment of sentence affirmed.
Concurring Opinion
(concurring).
I concur in the result reached by the majority and desire to set forth by reasons for affirming the judgment of sentence.
Appellant Norris Jones was convicted by a jury of second degree murder and sentenced to 5 to 12 years im
On October 8, 1971, appellant, age 19, and a companion were involved in a fist fight with Craig Stancko, age 16. The fight ended when Craig Stancko retreated to his home. There, he told his older brother Dennis, age 22, what had transpired. Dennis, accompanied by Craig and a friend, immediately set out for Jones’s home, apparently with the intention of avenging the beating Craig sustained.
In an effort to entice Jones out of his house, Dennis pounded on Jones’s door. When Jones opened the door, a fight began and Jones was knocked to the ground. Jones regained his feet, drew a knife and stabbed Dennis Stancko.
Stancko ran seven blocks to his home. He was rushed to a hospital where he died.
Within a half hour after the melee, the police arrived at Jones’s home. After asking appellant whether he was “involved in this incident” and receiving an affirmative reply, the police arrested Jones and a friend, ushered them into a police car and informed the suspects of their constitutional rights.
Jones was taken to police headquarters, reinformed of his constitutional rights, and told that he would be questioned about the stabbing. When the interrogators
At a pre-trial hearing, appellant moved for the suppression of the statements made in the police car and in the police station. This motion was denied and the statements were admitted at trial.
In this appeal, Jones argues that it was error to admit the statements. He asserts that because he was not told either of Stancko’s death or of the charges lodged against him, his waiver of his constitutional rights was not “knowing and intelligent,” and was invalid. He therefore claims the statements were admitted in violation of article I, section 9 of the Pennsylvania Constitution
The theory that a suspect’s waiver of his Miranda rights is “knowing and intelligent”
Under our holding in Richman, appellant’s waiver at the police station was clearly “knowing and intelligent.” The suppression court found that before Jones waived his Miranda rights, he had been informed that he was being questioned about the Stancko stabbing. In these circumstances, the accused did “know the general nature of the transaction giving rise to the charges.”
Likewise, Jones’s statement in the police car that his “was the knife that was used,” was made with sufficient knowledge of “the general nature of the transaction” to constitute a “knowing and intelligent” waiver.
On this record, the Commonwealth adequately established that appellant had a sufficient knowledge of “the general nature of the transaction giving rise to the charges” to fathom what was at stake when he waived his rights. Therefore, I agree with the majority that Jones’s waiver was “knowing and intelligent.”
Appellant asserts that the court incorrectly charged the jury on self-defense, and that two of his points for charge were improperly rejected. He also claims that when the jury requested additional instructions, the court erred in failing to give another requested point for charge. However, appellant made no specific objections to the points now assigned as error. Pursuant to Pennsylvania Rule of Criminal Procedure 1119(b),
Finally appellant alleges that the absence of blacks on the general jury panel from which appellant’s petit jury was chosen rendered his conviction invalid. Appellant admits that he failed to make a timely objection to the array. Nevertheless he claims that this failure should be
In my view, appellant advanced no ground for overruling his conviction.
. See Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
Appellant contests the suppression court’s conclusion that he was informed of his constitutional rights while in the police car. However, the court’s findings are supported by the record and may not be disturbed.
. “In all criminal prosecutions the accused . . . cannot be compelled to give evidence against himself.”
. “No person shall be compelled in any criminal case to be a witness against himself.”
. “If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination . . Miranda v. Arizona, 384 U.S. 436, 475, 86 S.Ct. 1602, 1628, 16 L.Ed.2d 694 (1966).
. See Commonwealth v. McKinney, 453 Pa. 10, 14, 306 A.2d 305, 307 (1973); Commonwealth v. McIntyre, 451 Pa. 42, 48, 301 A.2d 832, 835 (1973); Commonwealth v. Swint, 450 Pa. 54, 59, 296 A.2d 777, 780 (1972); Commonwealth v. Boykin, 450 Pa. 25, 28, 298 A. 2d 258, 260 (1972) (Opinion announcing the decision of the Court); Commonwealth v. Jacobs, 445 Pa. 364, 366-367, 284 A.2d
. While it is true Richman dealt with waiver of the right to counsel at line-ups, the opinion clearly states that the same standard is to be applied to Miranda waivers as is used in waivers of the right of counsel at line-ups.
. I cannot subscribe to the majority’s view that this statement of Jones was volunteered. Compare Commonwealth v. Powell, 459 Pa. 253, 328 A.2d 507 (1974). In my judgment the officer’s question was “calculated to, expected to, or likely to elicit an incriminating response.” Commonwealth v. Yount, 455 Pa. 303, 309, 314 A.2d 242, 246 (1974); see Commonwealth v. Davis, 460 Pa. -, 331 A.2d 406 (1975). Therefore, Jones’s response cannot be considered truly volunteered.
. When the officer asked this question Jones was not in custody. Therefore, the officer need not have informed Jones of his constitutional rights before posing this question.
. “No portions of the charge nor omissions therefrom may be assigned as error unless specific objections are made thereto before the jury retires to deliberate.”
See Commonwealth v. Johnson, 457 Pa. 554, 562 n. 8, 327 A.2d 632, 637 n. 8 (1974); Commonwealth v. Martinolich, 456 Pa. 136, 160 n. 15, 318 A.2d 680, 693 n. 15 cert. denied, 419 U.S. 1065, 95 S.Ct. 651 (1974); Commonwealth v. Watlington, 452 Pa. 524, 306 A.2d 892 (1973).
. Commonwealth v. Blair, 460 Pa. 31, 36 n. 3, 331 A.2d 213, 215 n. 3 (1975). Commonwealth v. Agie, 449 Pa. 187, 296 A.2d 741 (1972).
Reference
- Full Case Name
- COMMONWEALTH of Pennsylvania v. Norris JONES, Appellant
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- 8 cases
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- Published