LEMUEL WELCH
v.
STATE
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Lemuel Welch, a Black defendant, was convicted of a statutory offense and sentenced to ten years in prison. The Florida Supreme Court reversed and remanded due to two errors: the trial court's improper acceptance of a general conclusion that the confession was voluntary without requiring detailed circumstances, and the arbitrary limitation of defense counsel's argument time.
The trial court erred in accepting the officer's general conclusion that the confession was freely and voluntarily made without requiring specific circumstances to enable the court to independently determine voluntariness. The trial court also erred in arbitrarily limiting defense counsel's time to complete his argument, particularly when the court itself interrupted the argument to allow the State to introduce overlooked evidence.
“the trial court should not accept the general statement or conclusion of a witness that the confession alleged to have been made to him was "freely and voluntarily" made, as a sufficient predicate for the admission of a confession; that the proper method is to have the witness state the circumstances under which it was made with sufficient particularity to enable the court and not the witness to determine whether or not the alleged confession was freely and voluntarily made.”
Establishes the legal standard for admitting confessions: the court must hear specific circumstances, not mere conclusions of voluntariness.
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Join FLexlaw to unlock all legal intelligenceWelch was arrested at his home in South Miami and taken to jail in Miami by an arresting officer. The officer testified that Welch confessed freely an…
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Plaintiff in error was convicted in the Criminal Court of Record of Dade County for the statutory offense defined in Section 7552 of the Compiled General Laws 'of 1927, and sentenced to ten years in the penitentiary, the maximum punishment.
Plaintiff in error, a negro, was arrested at his home in South Miami; was handcuffed and taken by the arresting officer to the jail in Miami. While on the way, the officer testified that he questioned him; that he at first denied his guilt, but finally confessed; that he did so freely and voluntarily; that no force was used. The accused testified that he was compelled to testify by the use of force; that he was beaten up. The white man who- accompanied the officer, and who was available as a witness, was not placed on the stand to rebut the charge that force was used.
This Court has held that the trial court should not accept the general statement or conclusion of a witness that the confession alleged to have been made to him was “freely and voluntarily” made, as a sufficient predicate for the admission 'of a confession; that the proper method is to have *85the witness state the circumstances under which it was made with sufficient particularity to enable the court and not the witness to determine whether or not the alleged confession was freely and voluntarily made. This rule was evidently overlooked by the court in this case. See Bates v. State, 78 Fla. 672, 84 So. 373.
While the trial court has much discretionary power in limiting the time allowed counsel to argue and present their case to the jury, the time, should not be unduly and arbi-: trarily limited. In view of the circumstances attending the argument of counsel for the defense in this case, and in the interruption of such argument to allow the State to introduce evidence which had been overlooked, we hardly think the court was justified in declining the request of counsel for a little more time to complete his argument.. May v. State, 89 Fla. 78, 103 So. 115; Cooper v. State, 106 Fla. 254, 143 So. 217.
■ As frequently happens in cases arising under this statute,: the evidence was conflicting and more or less vague' and unsatisfactory, and the errors above pointed out cannot beheld to have been harmless.
Reversed and remanded.
Whitfield, C. J., and Davis, J., concur.
Ellis, P. J., and Terrell and Buford, J. J., concur in, the opinion and judgment.
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Reddish v. State, 167 So. 2d 858 (Fla. 1964)…then rules on the basis of all of the evidence. Davis v. State, 90 Fla. 317, 105 So. 843; Nickels v. State, 90 Fla. 659, 106 So. 479; Cawthon v. State, 118 Fla. 394, 159 So. 366; Bates v. State, 78 Fla. 672, 84 So. 373; Welsh v. State, 122 Fla. 83, 164 So. 835; Whitten v. State, 86 Fla. 111, 97 So. 496; Sims v. State, 59 Fla. 38, 52 So. 198; Louette v. State, 152 Fla. 495, 12 So. 2d 168. The divergent rules of the various courts -are revealed by the following: Wharton, Criminal Evidence, 12th Ed., Sectio…
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Boston v. State, 153 Fla. 698 (Fla. 1943)…tarily made and their admission by the lower court deprived the defendant of recognized constitutional rights. Counsel relies upon the ruling enunciated in Chambers v. Florida, 309 U.S. 227, 60 S. Ct. 472, 84 L. Ed. 716; Welch v. State, 122 Fla. 83, 164 So. 835; Bates v. [*702] State, 78 Fla. 672, 84 So. 373. We have reviewed the cited authorities in light of the contention made and hold that these cases are not in point. See Flowers v. State, 152 Fla. 649, 12 So. (2nd) 772. It is next contended that it w…
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Suwannee River Cypress Co. v. Arbuthnot, 123 Fla. 497 (Fla. 1936)…pposite party as'contemplated by law. Reversed with directions. Whitfield, C. J., and Brown, J., concur. Ellis, P. J., and Terrell and Buford, J. J., concur in the opinion and judgment. * See Suwannee River Cypress Co. v. Jackson, 122 Fla. 173, 164 Sou. Rep. 835.…
Authorities Cited
- Bates v. State, 78 Fla. 672 (Fla. 1919)
- Harrison v. Simpson, 106 Fla. 254 (Fla. 1932)
- May v. State, 89 Fla. 78 (Fla. 1925)