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KENNEDY v. STATE10/1/1973
ave the fight to remain silent.
VIRGINIA KENNEDY: Yes sir.
BUDDY YOUNG: And anything you say can be used against you in a court of law.
VIRGINIA KENNEDY: Yes sir.
BUDDY YOUNG: You have the right to consult with an attorney before you make any statement.
VIRGINIA KENNEDY: Yes sir.
BUDDY YOUNG: You have the right to stop answering questions at any time for the purpose of consulting an attorney.
VIRGINIA KENNEDY: Yes sir.
BUDDY YOUNG: Now, do you want to go ahead and make a statement at this time, without an attorney present, you can waive your right to remain silent and make a statement. Do you wish to make a statement at this time?
VIRGINIA KENNEDY: Yes sir, I will."
The appellant then proceeded to give direct and responsive answers to the questions asked her. She said that Duty took her and Paul Burns to her housetrailer in his automobile and while there, Duty's brother-in-law came to repossess the automobile from Duty. She said that Duty had been drinking some beer and argued with his brother-in-law about the automobile. She said that when Duty came back into the trailer after talking with his brother-in-law about the automobile, he started cursing and blackguarding and told Donald Crawford, who was there, that if he, Duty, could not have her, the appellant, that Crawford was not about to get her. She then said:
"Then he hit me and knocked me down , whenever he did. I don't know, I just grabbed the gun and shot him."
The appellant said that Duty threatened her with a chain he jerked from the door latch and also threatened her with a knife and she just shot him and couldn't help it. She said she already had a shell in the gun because Duty had threatened her previously at her mother's home. She said she kept a shell in her gun all the time when Crawford was away from the trailer and she was there by herself. She said she was afraid of the decedent Duty. In her statement the appellant said that Duty didn't actually strike her but that he pushed her with both hands and when he did, he knocked
her down and she received an knot on her head and a bruise on her arm. She said she fell backwards and fell close to the gun so she picked it up and shot him.
Sergeant Young testified before the jury that alcohol in the body affects different people in different ways. He said that some people can be drunk and pass out with .08 or .09% and others who have developed a high tolerance can go as high as .31 or .32% and still be able to walk and talk.
Donald Crawford and Paul Burns testified as witnesses for the appellant. They both testified to the effect that some beer was being consumed by all of them on a friendly basis in the trailer. There was some testimony that a half pint of whiskey was brought to the trailer by one of the parties. Their testimony was to the effect that the difficulty between Duty and the appellant arose when the automobile Duty was driving was repossessed by a former owner. They said the appellant attempted to restrain Duty from following the former owner toward the automobile after it was repossessed; that the appellant and Duty started cursing and shoving each other; that Duty threatened the appellant with a door chain and a knife and that the appellant shot him.
The appellant testified before the jury in her own defense. She said she had been drinking heavily on the day of the homicide and does not remember even going to the trailer with Duty and Paul Burns on that day. She said she had tried to think back and remember what happened but that she had been unable to do so. She said the drinks bee
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