State v. Preston

GODFREY, Justice.

The defendants, Dale and Wallace Preston, were jointly indicted for burglary, 17-A M.R.S.A. § 401 (Supp.1979) and theft, 17-A M.R.S.A. § 353 (Supp.1979). The Superior Court, Washington County, granted in part their pretrial motion to suppress certain evidence. The State appeals pursuant to 15 M.R.S.A. § 2115-A (Supp.1965-78) and Rule 37A(d), M.R.Crim.P., contending that certain admissions to the police made by the defendants are not excludable despite the fact that the police did not give Miranda warnings. Even if Miranda warn ings were required, the State urges that certain…