Legal Opinion

State v. Tyndall

Court of Appeals of North Carolina

Decided July 11, 1973No. 738SC99PublishedCited by 6 opinions

1Opinion of the Court

HEDRICK, Judge.

The defendant contends the court erred in not striking the testimony of the Highway Patrolman that the defendant stated that he had been drinking. When the patrolman stopped the defendant, he asked him whether he had been drinking and the defendant made the admission complained of. Defendant argues that the challenged statement was inadmissible because the officer had not given him the “Miranda warnings.” We do not agree. Under the circumstances of this case, the rules of Miranda have no application. State v. Beasley, 10 N.C. App. 663, 179 S.E. 2d 820 (1971). This assignment of…

2Cases cited2 opinions

  1. State v. ShaddingCourt of Appeals of North Carolina · 1973
  2. State v. BeasleyCourt of Appeals of North Carolina · 1971

3Cited by6 opinions

  1. State v. SykesSupreme Court of North Carolina · 1974
  2. Church v. Powell, Comr. of Motor VehiclesCourt of Appeals of North Carolina · 1979
  3. State v. SellersCourt of Appeals of North Carolina · 1982
  4. State v. CarlisleCourt of Appeals of North Carolina · 1975
  5. State v. PollockCourt of Appeals of North Carolina · 1974

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