State v. Cahill

BECKER, Justice.

William Edward Miler is accused of murder in connection with the death of an 18-month-old child. He filed a motion to suppress the testimony of Diane Rose Miler, his present wife. Evidentiary hearing on the motion resulted in a court finding that the evidence would be suppressed. The State was granted leave to file a writ of certiorari. We sustain the writ.

On the afternoon of April 12, 1969, the infant Jeffrey Rose was taken to the emergency room of the Burlington Hospital by his mother Diane Rose and defendant William Edward Miler. Jeffrey was unconscious and unresponsive,…