NORRIS EUGENE JOHNSON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case reviews a conviction for robbery, where the appellant argued that his confession and a lineup photograph were inadmissible due to an unlawful arrest and that the confession was not freely given. The appellate court affirmed the conviction, finding the arrest lawful and the confession admissible.
No, the arrest was lawful, and the confession was admissible. The trial judge's determination that the showing was sufficient to predicate the arrest was correct, and there was no reason to disturb the conclusion that the confession was admissible.
“On consideration of the record, "briefs and argument, we conclude that reversible error has not been made to appear.”
This quote establishes the appellate court's conclusion that the appellant failed to show sufficient grounds for reversal.
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Join FLexlaw to unlock all legal intelligenceThe appellant was arrested without a warrant for robbery. A police sergeant, after interrogating witnesses, directed the arrest, believing the appella…
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The appellant was convicted of robbery, on trial without a jury in the criminal court ■of record of Dade County. On appeal he ■contends that error was committed by the admission into evidence of a confession and a lineup photograph, on the ground that they were the fruit of an unlawful arrest. Additionally, as to the confession, appellant contends it was inadmissible because not shown to have been freely and voluntarily given. On consideration of the record, "briefs and argument, we conclude that reversible error has not been made to appear. Appellant was arrested without a warrant, by a police officer who was directed to make the arrest by the police sergeant whose interrogation of witnesses appears to have led him to believe that appellant was one of the participants in the robbery under investigation. The trial judge considered the showing in that respect a sufficient predicate for the arrest, and we agree. Nor do we find reason to disturb the conclusion reached by the trial judge that the confession was admissible.
Affirmed.
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Nelson v. State, 188 So. 2d 353 (Fla. 3d DCA 1966)…onable grounds to believe that the wanted person committed it, and has authority to arrest the wanted person.” In the circumstances disclosed in the record the arrest of Gaines without a warrant was not unlawful. See Johnson v. State, Fla.App.1966, 183 So. 2d 857; Bryant v. State, Fla.App.1963, 155 So. 2d 396. No sufficient ground is disclosed to disturb the ruling of the trial court regarding the subsequent search and holding that the confessions were voluntary, and unlawfully obtained. No reversible error…
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