Nathan Raymond Koonce v. State Indiana
IN.30063; 323 N.E.2d 219; 263 Ind. 5 (1975)
Supreme Court of Indiana No. 1172S156
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Defendant has taken this Belated Appeal from his conviction by a jury for the crime of Second Degree Murder. The Defendant's wife was murdered November 14, 1969, in Hammond. Four persons testified that on the night of the murder the Defendant forced them at gunpoint to drive him to Hendreson, Kentucky, and that during the trip the Defendant repeatedly said he had shot and killed his wife. Defendant was arrested at Henderson in his father's home. In the room where Defendant was found a .25 caliber pistol was recovered. A firearm's expert testified that the bullet taken from the body of the Defendant's wife was fired from that gun. The first issue which Defendant raises is the admissibility of a conversation he had with Hammond police officers wherein he admitted being in the presence of his wife at the time and place of the killing. We need not consider the constitutional question of whether or not the Defendant was properly advised of his Miranda rights. The conversation admitted into evidence did not contribute to the verdict. The introduction of evidence which is merely cumulative and not decisive of guilt is not prejudicial error. Mitchell v. State, (1972) 259 Ind. 418, 287 N.E.2d 860; Grimes v. State, (1972) 258 Ind. 257, 280 N.E.2d 575; Jackson v. State, (1971) 257 Ind. 589, 275 N.E.2d 538. Defendant's well-prepared argument on this point concludes as follows: