Pullen v. State

Quillian, Presiding Judge.

The defendant was charged with the offense of murder. He appeals his conviction of manslaughter. Held:

1. Defendant’s enumerations of error 1,2,4 and 5 are interrelated and will be discussed together. After defendant had been advised of his Miranda rights he gave a statement to the police which was taped. The tape was lost and defense counsel made such statements when questioning a police officer as: "... isn’t [the tape] the key to this case as to what was said, and you are telling this jury here that you fellows lost the tape ... so if the tape could be [found] —…