People v. Jones

BURKE, P. J.

Defendant appeals from a judgment of conviction of two counts of second degree burglary, He predicates his appeal upon the inadmissibility of an allegedly coerced confession, and asserts the duty of this court to determine independently the voluntary nature of such confession.

Certain commercial establishments were burglarized and spark plugs, radios, money, mirrors and other personal property were stolen. Investigating officers located some of the stolen property at the home of defendant’s parents, some spark plugs having been found under a bed in the house and truck mirrors in a small shed in their backyard. The parents denied knowing where the items came from but stated that defendant had been there earlier that day. The officers removed the property and placed the parents under arrest. They then proceeded to defendant’s residence, more than 20 blocks away. They found the defendant already in custody of two police officers in a parking lot adjacent to his residence.

The officers asked defendant to permit them to search his residence and although he complained about their lack of a search warrant he consented to their entry. Additional property believed to have been stolen was found in the house and defendant and his wife were arrested. Defendant was taken to the police station alone in a police car separate from the others. When being led to the interrogation room in the police station he saw his mother, father and wife sitting on a bench in the hall.

Defendant was questioned at length by the officers and finally related the circumstances in detail of the two burglaries, signing a confession that had been written out for him by one of the officers present at the interrogation. After the confession had been signed, defendant was confronted with his parents and wife and was asked in their presence if they had anything to do with the burglaries. He stated that they did not, whereupon they were released and were returned to their homes by one of the officers. They had not been booked.

There is a conflict in the evidence with respect to the circumstances attending the interrogation of defendant. Dedendant claims that the officers stated, in effect, that if he would not give them the detailed information regarding the burglaries they would imprison his parents. The officers deny making such assertion. They testified they informed defendant they had arrested the parents because the latter had pos

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