Sturgis v. State

Henderson, J., delivered the opinion of the Court. The appellant and Paul Pettigrew were jointly indicted for the murder of Daniel Massey in Worcester County. Pettigrew pleaded guilty. The appellant pleaded not guilty, elected trial by jury, and was found guilty of murder in the first degree without capital punishment.

Two statements made by the accused were put in evidence, the second constituting a confession, and the propriety of its admission constitutes the first question raised here. ³⁴⁵ On March 5, 1963, Massey, 81 years of age, was found beaten but still alive in the secluded trailer where he lived alone. His wallet was missing although it had been in his possession the night before. On March 6, the appellant was interrogated but denied all knowledge of the crime. On March 8, he was arrested at his home.

He gave a statement admitting he had driven the co-defendant Pettigrew to the vicinity of the Massey trailer, but denied any knowledge of the assault and robbery at that time. When the State undertook to establish the legality of the arrest by testimony showing probable cause, counsel for the accused conceded that the arrest was legal, and that this statement was voluntary. Sturgis was placed in a cell where he remained over the weekend. On March 11, he was taken to the place where some papers belonging to Massey had been found.

One of the deputies testified that Sturgis then said he would like to change his statement. He made certain verbal admissions, but a second written statement was not taken until the following day, at about 2:3G P. M. The interrogation lasted from a half hour to an hour. On the following day, Massey died. Sturgis was taken to Salisbury and given a lie detector test at his own request.

At the trial nine witnesses placed Sturgis or his automobile in the vicinity of the crime on March 5, between 5 :30 and 8:00 A. M., a fact he admitted at the trial. Pettigrew, the accomplice, testified for the State that the plan to rob Massey had been conceived by the appellant, that the appellant drove him to the scene, picked him up afterwards, and they divided the loot. The appellant contends that the confession contained in the second statement offered in evidence was involuntary because the accused had been confined in jail four days, without a hearing and without the services of counsel. It is not contended that any force or coercion was employed by the police, or that any promises were made or inducements offered, except “they told me they’d carry me to the lie detector,” and that they did.

Sturgis testified at one point that Sheriff Tyler “started raising his voice a little bit,” and “I didn’t want him to get to