People v. Murphy

Appellant Nathan Dewey Murphy stands convicted,

after jury trial, of first degree murder with use of a deadly and dangerous weapon. In the course of his trial, evidence was admitted of certain statements which appellant had made in the presence of a police officer. Appellant’s sole contentions of error are (1) that the statements were inadmissible because they were not preceded by a Miranda (Miranda v. Arizona (1966) 384 U.S. 436 [ 16 L.Ed.2d 694 , 86 S.Ct. 1602 , 10 A.L.R.3d 974 ], passim) warning; and (2) that appellant was denied the effective assistance of counsel when his attorney arranged for him to speak with a police officer in the attorney’s office, and taped the discussion. We find no reversible error, and affirm.

We first describe the events immediately preceding the statements and conduct complained of. On August 27, 1977, Hilardo Sebay went fishing near Brothers Island in San Pablo Bay and found a body, later determined to be that of one Lawrence Brown. The Coast Guard retrieved the body, which was found to be fully clothed and wrapped in a green tarp, with rope and electrical wire tied around its waist, and a large anchor and chain attached to it. An…