Cox v. State

Facts

Victim was asleep in his home with his wife around 3:00a.m. one morning when he was shot in the eye by a person outside Victim’s house; Victim was taken to the hospital following the shooting, and died three days later. Bullet holes were found in the bedroom window and the screen to the bedroom window, and a firearms expert testified at trial that the evidence at the scene showed that the shot was fired from outside the home, through the screen, from a distance of less than six inches from the screen. Appellant was questioned and denied any involvement, but others testified that Appellant had admitted to them that he had shot Victim. Two police officers went to Appellant’s home, believing they had probable cause to arrest Appellant, but without a search warrant; when Appellant answered the door, the officers asked Appellant to come with them, at which time Appellant attempted to shut the door. The officers were nevertheless able to pull Appellant out and placed him under arrest. At the police station, Appellant signed a waiver of rights, told police that he had in fact fired a shot into Victim’s window, and thrown the gun away nearby. A search warrant was executed at Appellant’s home and a gun was found, which Appellant later admitted was the same gun he claimed to have thrown away at the scene. Appellant was convicted by a jury after a trial, during which various parties testified against Appellant.