jail in Dunlap. The investigation in Hamilton County led officers there to believe that the defendant was the last person to have been with the victim prior to his death; consequently, they proceeded to Dunlap to interrogate the defendant early in the evening of September 9, 1980.
The defendant's statement was recorded on a cassette tape, Detective Baker asking the questions in the presence of Detective Parham and Officer Swafford. Respecting the defendant's condition at that time, Detective Parham testified that, while the defendant appeared to be "nervous and shaking," he was not drunk, that he advised the defendant of his rights pursuant to the Miranda decision and that the defendant signed a form volunteering to give his statement and stating that he did not desire the services ofa lawyer. Detective Baker testified that when the interrogation first began the defendant appeared to be very nervous but that he soon calmed down as the questioning proceeded. Detective Baker testified positively that the defendant was not intoxicated and that his statement was in all respects voluntary. By his own admission, the defendant, who has an extensive criminal record, had had his Miranda rights explained to him on "five to ten" different prior occasions. The defendant also admitted that the officers "didn't make" him sign the waiver of his Miranda rights.
The defendant testified out of the presence of the jury in support of his motion to suppress the confession taken from him that he was "doped up and drunk" at the time the statement was taken and that