State v. Webster

Jack Webster appeals from a conviction for third-degree theft. We affirm the judgment and sentence.

Essentially, the assignments of error can be reduced to three issues. The first is whether reversal is required because evidence was offered and commented upon by the prosecuting attorney, all without objection or claim of surprise and which evidence would have been excluded upon proper objection. Secondly, at what point during a field investigation must an officer give the Miranda warnings to one of whom he is making inquiry. The last issue is whether the police conducted a lawful search of the…