People v. Fordyce

Upon this appeal, defendant claims (1) a right to be advised of an absolute constitutional right to remain silent and (2) a right to be advised of the right to counsel at the time when he was being held after arrest and prior to judicial proceedings charging him with breaking and entering in the nighttime with intent to commit a larceny. CL 1948, § 750.110 (Stat Ann 1962 Rev § 28.305). The larceny occurred about 3 a.m., September 9, 1963. Defendant was found in the building. Although Fordyce was advised any statement must be voluntary and could be used against him, he was not advised of the…