(DOWNLOAD) "Pece v. Cox" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Pece v. Cox
- Author : New Mexico Supreme Court
- Release Date : January 02, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Petitioner relies on Escobedo v. Illinois, 378 U.S. 478, 84 S. Ct. 1758, 12 L. Ed. 2d 977. However, we are impressed that the proper rule to be applied is that announced in Crooker v. California, 357 U.S. 433, 78 S. Ct. 1287, 2 L. Ed. 2d 1448, distinguished in Escobedo, supra, on its facts. Here, petitioner had no attorney when the statement was given and claims that he had not been advised (contrary to what is clearly set forth in the form on which the confession was typed) that he did not have to make any statement at all, and that if he did make a statement it could be used against him on a trial. Also, when all the circumstances are weighed, not the least of which was the fact that a codefendant who was at the time represented by counsel also gave a statement which was admitted in evidence by the trial court after a foundation as to its voluntary character had been ruled on by the judge, just as was done in the case of petitioner, we are impressed that prejudice is not demonstrated. Crooker v. California, supra, is controlling.