Spano v. New York

360 U.S. 315 (1959)

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Nature of the Case

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Facts

Spano (D) was drinking in a bar. The decedent, a former professional boxer, almost 200lbs. who had fought in Madison Square Garden, took some of D's money from the bar. D followed him out of the bar to recover it. A fight ensued with decedent knocking D down and kicking him in the head three or four times. Shock from the blows caused D to vomit. D then was tended to by the bartender, and eventually went home and got a gun and walked to a candy store, eight blocks away, where decedent hung out and entered the store. D fired five shots, two of which hit the decedent and killed him. The boy tending the store was the only eyewitness; the three others present saw nothing. An indictment of first-degree murder was returned against D. D disappeared immediately after the shooting. D then called a friend, Bruno, who was in the police academy and told him about how bad decedent had hurt him that he was dazed and did not know what he was doing. Bruno gave this information to his superiors. The next day, D then surrendered himself to the authorities. His attorney told him to answer no questions and left him in the custody of the officers. Questioning began, and it was both persistent and continuous. D refused to answer. D asked to speak to his attorney, but that was denied. D was transferred after midnight for further questioning and asked to see his attorney; that was denied. Bruno was eventually brought into the equation, and that sympathy play failed. D again asked for his attorney. Bruno was sent in again; again no result. A third attempt with Bruno was tried, and Bruno was ordered to falsely importune his friend to confess; D refused. A fourth attempt was made, and D relented and agreed to make a statement. The confession was introduced at trial. The jury found D guilty, and he was sentenced to death.