 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
STATE v. WARNER12/26/1967
inding of voluntariness. The defendant himself testified at the hearing that he was perfectly aware of everything that was going on at the Waterville Police Station. He answered that he talked with the officers voluntarily, that they said a woman had been hit and so he "wanted to go down and clear it up." He added "Well, I figured I had to anyway * * *" and that "they have control of it." He said the officers in Fairfield asked him if he wanted a blood test and a lawyer and he said no to both.
"* * * When the police officers asked me if I wanted a blood
test or a lawyer I took it to be for this woman who got hit,
but I didn't hit no woman, so I didn't figure I needed a
lawyer."
Defendant said the county attorney also told him of his right to have a lawyer. The defendant said he was "feeling all right" at the police station except for being tense and nervous. He said he was in the police station two hours and ten minutes, during part of which time he "dozed off", but Capt. Drost said the questioning lasted thirty or forty minutes with a short break and then a much shorter period. These facts are far removed from those of Escobedo. The justice had opportunity to observe the witnesses and to evaluate their credibility. His finding that defendant was informed of his rights to counsel and to remain silent find abundant support in the evidence. No particular formula for such findings is necessary, and implicit in the justice's action was a finding that the defendant's waiver was a knowing and intelligent one. The defendant's own testimony established his understanding of his predicament, his right to remain silent and his right to counsel's assistance and that he understandingly waived them.
The evidence abundantly supports the justice's finding that the requirements of Escobedo had been met.
Point No. 11. "The court erred in refusing to admit into evidence the testimony of Lloyd Hubbard."
The defendant's contention that the presiding justice erred in not admitting the testimony of the defendant's employer as to the defendant's driving habits is the basis for this point on appeal. During an offer of proof in the absence of the jury Mr. Hubbard, the Plant Superintendent of the Telephone Company which had employed the defendant about one year, testified "Anytime I have observed him, which has been often, his manner of driving has been careful."
The general rule of evidence is that the prior habits, acts or reputation for care of a defendant are not admissible for the purpose of attempting to prove what his conduct might have been on a specific occasion. Poole v. Evergreen Livestock Co., 262 Ala. 131, 77 So.2d 475 (1955); State v. Goetz, 83 Conn. 437, 76 A. 1000, 30 L.R.A., N.S., 458 (1910); Noonan v. Luther, 206 N.Y. 105, 99 N.E. 178, 41 L.R.A.,N.S., 761 (1912); 29 Am.Jur.2d Evidence §§ 303, 316; 65A C.J.S. Negligence § 237(2). We see no probative value in the testimony of a witness who had apparently observed the defendant driving in the course of his employment
Point No. 12. "The court erred in refusing to admit into evidence the testimony of Chester Nason."
The defendant offered a Mr. Nason as an expert witness and Mr. Nason stated that he had an opinion as to whether the mirror, State's Exhibit 6, could have been removed by application of sudden force, including striking the body of a heavy woman, and whether certain specific dents and damages would have been caused to a vehicle such as defendant's if it had slid in a certain particular manner into a curbing and guardrail such as that described as existing in Palmyra.
It has long been a rule in this State that an appellant must show not only that
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Maine DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|