Palmer v. State

ON RETURN TO REMAND

The opinion issued by this Court on October 7, 1980, is hereby withdrawn and the following becomes the opinion of the Court.

In April of 1978, Mrs. Edwin Rinehart was killed in an automobile accident caused by an intoxicated Hugh Palmer.

The defendant was indicted and convicted for second degree murder. Sentence was twenty years' imprisonment.

I

Initially, it is argued that an inculpatory statement was improperly admitted into evidence in that it was not proven that the defendant was capable of intelligently and knowingly waiving his constitutional rights because of his…