State v. Perry

The first question which this court must determine is: Does the exclusionary rule announced in Miranda v. Arizona (1966), 384 U. S. 436, require the court to exclude the testimony of the police officer, who apprehended the appellant, concerning the inculpatory statements appellant made to that officer at the scene of the crime, for the reason that such statements were made prior to the giving of any warnings and for the reason that no counsel was present?

It is the opinion of this court that, in the instant case, the exclusionary rule announced in Miranda does not require the exclusion of the…