State v. Veal (48 Ohio App. 2d 46, 1975)

Reilly, J.

This is an appeal from a judgment of the Court'of Common Pleas, Franklin County, Ohio. The transcript indicates that the defendant, the appellant herein, was arrested'by the Franklin County Sheriff’s Department for a burglary at the residence of Mr. Robert Mativi, 6262 Mur-mac Lane, Westerville, Ohio, February 5, 1975. He was iiidicted on one count of aggravated burglary (R; C. 2911.-11), and one count of theft (R. C. 2913.02).

The transcript shows that a neighbor, Mrs. Clara Ike, testified that she saw a car pull into the Mativis’ driveway between 10 a. m. and 11:30 a. m. on the date of the offense. She said she went to investigate and that an individual came up and told her he was looking for a “Mrs. Goss,” and that he was there to do some work on her house. She informed him that Mrs. Goss did not live there and he left. Mativi, the owner of the home, testified that when he came home later that day, several itenas were missing and others were out of place. They included a Sony television set, a small five-inch television set, two wristwatches, and a Polaroid camera. The neighbor positively identified defendant as the person who drove into the Mativi garage the morning of the ojíense.

Sergeant Jack Harris of the Franklin County Sheriff’s Department, detective bureau, testified as follows concerning defendant’s interrogation:

“Q. Calling your attention now to February 19, 1975, did you have an occasion to interrogate the defendant with Detective Mershon?

“A. Eight.

“Q. And at that time before interrogating him, did you advise the defendant of his constitutional rights?

“A. Yes, he was advised.

“Q. And what were those rights?

“A. The Miranda Eights Detective Mershon read off to him.

“Q. Before you is a rights’ waiver form?

“A. Eight.

“Q. Can you identify that form for us, please?

“A. Eight, the form here on the stand.

“Q. And whose signatures are on that form?

“A. Detective Mershon and myself.

“Q. Who else’s?

“A. And Eugene Veal.

“Q. Is that the rights’ waiver form that we are talking about?

“A. Yes.

“Q. And was the signature of the defendant signed in your presence? ¡

“A. Yes, sir.

‘ ‘ Q. Did either you or Detective Mershon read this form to him?

“A. Detective Mershon.