 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STATE v. BRADFORD12/10/1993
e doubt based on the dubious reliability of the statements which recounted his confession.
Corpus Delicti — The State's Contentions
The State responds with a description of the facts which support the corpus delicti of the murder and of the attempted robbery: Angela was dead; her death was by force and not as a result of accident, suicide, or natural causes; she was attacked after hours in her workplace by an armed intruder; she had a large amount
of money available at the scene; she was forcibly subdued, i.e., shot and killed while attempting to flee; and someone returned her body to the rear door and was locked out.
Corpus Delicti — Discussion
We recently revisited the corpus delicti issue in State v. Grissom, 251 Kan. 851, 840 P.2d 1142 (1992). "It has long been the rule of this court that a conviction of even the gravest offense may be sustained by circumstantial evidence." State v. Hupp, 248 Kan. 644, Syl. 5, 809 P.2d 1207 (1991). There was sufficient evidence to establish that Angela was killed and that the killing was done by another person. The Texas Court of Criminal Appeals in Gribble reasoned that in order for the corpus delicti to be established,
"the extrajudicial confession of a criminal defendant must be corroborated by other evidence tending to show that a crime was committed. [Citations omitted.] It need not be corroborated as to the person who committed it, since identity of the perpetrator is not a part of the corpus delicti and may be established by an extrajudicial confession alone." 808 S.W.2d at 70.
The court in Gribble agreed "that the corpus delicti of capital murder includes more than merely homicide by a criminal agency. In the present context, we hold that evidence independent of appellant's confession was required to show that his victim had been kidnapped." 808 S.W.2d at 71. However, the Texas court went on to explain that
" uch evidence need not, however, be sufficient by itself to prove the offense of kidnapping. [Citations omitted.]. . . he quantum of independent evidence necessary to corroborate the corpus delicti in a criminal prosecution relying upon the extrajudicial confession of an accused need not be great. [Citation omitted.] So long as there is some evidence which renders the corpus delicti more probable than it would be without the evidence, we believe that the essential purposes of the rule have been served. [Citations omitted.]" 808 S.W.2d at 71-72.
We agree with the Gribble analysis of the relationship of the corpus delicti and the underlying felony in a felony-murder case.
The evidence at the crime scene in the case at bar independently established the corpus delicti of attempted aggravated robbery. Proof of the corpus delicti does not require the State to prove by evidence independent of Bradford's confession that the attempted robbery was committed by Bradford. The State merely
needs to corroborate the fact that, given the evidence, it is more probable than not that Angela was killed during the course of an attempted robbery. Sufficient corroborating proof that satisfies this burden is present in the case at bar. Angela was attacked at a time when she was routinely alone dealing with the day's receipts. Her purse and keys were on the counter near the money, which could be a sign that she was ready to leave to deposit the money in the bank. The robbery did not need to be completed to support the attempt. The blood spattered in the restaurant indicated foul play. The scuff marks outside the restaurant are consistent with the State's view that Angela left the Pizza Hut, fell in the parking
Page 1 2 3 4 5 6 Kansas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|