State v. Moore

The defendant was charged with assault with intent to commit rape and with sodomy, was found guilty by a jury on both counts, and sentenced to 2 5-year concurrent terms in the Nebraska Penal and Correctional Complex.

This appeal involves the question of whether the constitutional rights of the defendant to counsel and against self-incrimination were violated by the admission of oral incriminatory statements, amounting substantially to a confession. The admissions were made during an in-custody interrogation which followed immediately upon the giving of the Miranda warnings and a waiver by the…