State v. Adrian

OPINION

DONOFRIO, Judge.

The defendant, Charles Adrian, was charged by information on February 13, 1974 with assault with a deadly weapon. He was convicted of the charge after a trial to a jury and was sentenced on September 4, 1974 to a term of five to six years’ imprisonment. From the judgment and sentence he has brought the current appeal.

Three issues are presented on appeal:

1. Was a statement made by the defendant while he was in custody but prior to the giving of Miranda warnings properly admitted into evidence?

2. Did the trial court commit error in failing to grant a directed verdict of…