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Naturist Freedom - Miss Naturist Freedom ((INSTALL))

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appellant contends the trial court erred in determining that the commission had authority to license video games. appellant maintains that the purpose of the zoning ordinance is to regulate the use of property, not the sale of articles. section 12.04 of the ordinance, which regulates "amusements, games, athletic fields and playgrounds," does not apply to the instant case because the proposed arcade is not a "sports field" or an "amusement," and the arcade is not located in an area zoned for a "playground."

the court's conclusion that the statement was voluntary is amply supported by the record. the trial judge found that appellant's statement was voluntary and therefore admissible. his reasoning was as follows: appellant's statement was preceded by miranda warnings. the interval between the warnings and the statement was short. appellant was not a minor or a narcotics addict. the statement was not made under the influence of any drugs. there were no threats or promises or any other undue inducements. the statement was not self-incriminatory. the statement was of a limited character. the interview with the police was conducted in a noncoercive manner. appellant was not a person who was not intelligent and had an education. he was articulate. he was not arrested or detained in custody for a prolonged period of time. he was not subjected to a lengthy interrogation. appellant was cooperative with the police. the statement was made after appellant had been in custody for a number of hours. the police were aware of the fact that appellant had been convicted of a previous offense involving a firearm. his prior convictions involved the use of firearms. it was, therefore, not improper for the police to seek to determine whether he had been involved in a murder. appellant was not under the influence of narcotics at the time he made the statement. he was not subject to fear or apprehension. although appellant was told that he would be charged with murder, the police did not make that statement a fact. they did not promise appellant that he would not be prosecuted for murder if he made a statement. the police did not place any pressure on appellant to make a statement. the police never threatened appellant with physical harm, nor did they question him about the shooting. the police told appellant that he would be charged with murder, but the officers did not tell appellant that they thought he was involved in the murder. the statement was not the fruit of a prolonged interrogation. appellant made the statement after being in police custody for a few hours. the police had good reason to suspect appellant and they were seeking to determine whether he was involved in the shooting. appellant was not arrested until after he had made the statement. appellant's statement was voluntary and admissible. 84d34552a1