People v. Blaylock

BROWN (R. M.), J.

Trial by jury having been waived, the court found the defendant guilty of murder of the second degree. Judgment was entered accordingly, from which the defendant appeals.

The controlling contention made by the defendant on this appeal is that incriminating statements and confessions were improperly admitted at the trial because he was not informed of his right to aid of counsel and of his right to remain silent prior to the time the confessions were made

[604]

by him. We have concluded that the contention is sound and admission of the statements and confessions constituted reversible error.

About 11 p.m. on January 6, 1964, one Robert Hoyopatubbi met his death when the defendant fired three bullets from a gun into Robert’s head, one of which did its deadly work. Death occurred in the bedroom of a home situated in Modesto, California. Present in the room at the time were the defendant, one Patricia Waldo (referred to in the record as Patricia Hoyopatubbi), and Robert. Patricia and the defendant went to the home of a neighbor, Mrs. Elsie Tyler, who telephoned the sheriff’s office. Carl Costley, a deputy sheriff, responding to the call, arrived at the Tyler home about 11:33 p.m. Costley arrested the defendant and placed him in the patrol car. Sergeant Donald C. Bear arrived and talked with the defendant, who was then in the patrol car and under arrest. Costley transported the defendant to the sheriff's office and testified that the defendant confessed fully and voluntarily while they were riding in the car. The next morning, January 7, officers obtained from the defendant a full confession, which was electronically recorded on tape. Again on the same day, a second statement, consisting of a full confession, was made by the defendant, which was also taped.

The record is silent as to whether or not the defendant had been advised of his right to aid of counsel or of his right to maintain silence.

The defendant was arraigned on January 8 and for the first time, for aught the record discloses, he was advised by the judge of his right to counsel and the public defender was assigned to assist him in preparing and presenting his defense.