Magness v. State

Per Curiam. John Joseph Magness, the appellant, complains of a conviction of murder in the first degree in a jury trial in the Circuit Court for Anne Arundel County, Judge Matthew S. Evans presiding. The trial occurred on December 6 and 7, 1965. Magness alleges error in the admission of his confessions and in the rulings on the admission of evidence, as well as that the evidence was insufficient to support his conviction.

Magness had been living with Donna Singleton for approximately two years prior to the date of the killing, February 16, 1965. During most of this time, her husband, Roscoe Singleton, ³²² the deceased, was in prison, but he was released in December of 1964. Between February 8 and February 16, 1965, he had several conversations with Magness and with his wife; as a result of which it was agreed that Magness would move from the house, and Roscoe Singleton would move in and resume marital relationship. At about 8:00 A.M. on February 16, after Magness, with the help of Willie Parks, had loaded his personal belongings into his automobile, Magness left the house, picked up a loaded shotgun he had previously leaned against the porch, re-entered the house and shot Roscoe Singleton.

No conversation immediately preceded the shooting. In open court, Magness admitted that he had formed an intention to kill Singleton some hours in advance of the actual shooting, but that Willie Parks had talked him out of it. Magness contends that he became angry just before he came out to get the gun because Donna said, “Don’t forget to get us some cigarettes and Pepsis.” His conversation with the deceased and Donna, immediately prior to this, had been most friendly. After the shooting, Magness went to the police station and surrendered.

Almost immediately, he told the police officer what he had done, but alleged that the shooting was accidental. Before listening to this oral statement, the police officer stopped him and informed him that he did not have to say anything, that anything he said could be used against him in a court of law and that he was entitled to consult a lawyer. Similar warnings were repeated prior to the time he gave a written statement. The questioning for this began at 10:45 A.M. and concluded at 3 :00 P.M. He was given a drink of water at 12:30, a sandwich and a softdrink at 1:45.

The written statement also claimed that the shooting was accidental. At no time was the appellant threatened or promised anything whatsoever for making any of the statements. With the consent of retained counsel, he took a lie detector test on March 16, 1965, after which he telephoned his counsel. Immediately after the telephone conversation, he informed the police officers, who gave no warnings, that his previous confessions had been in error and that the shooting had been deliberate.

All the confessions were admitted into evidence by the trial judge. ³²³ I (Confessions) Magness did not contend below, nor does he contend here, nor could he properly contend that his confessions were in any way not free and voluntary, but alleges that they are inadmissible because he was not given the precise warnings required by Miranda v. Arizona, 384 U. S. 436 , 86 S. Ct. 1602 , 16 L. Ed. 2d 694 (June 13, 1966). In the very recent case of Cunningham, v. State, 247 Md. 404 , 231 A. 2d 501 , the