McGee v. State

*719OPINION

By the Court,

Steffen, J.:

The issue in these consolidated cases is whether a confession elicited without prior Miranda1 warnings may be used as affirmative evidence to prove perjury in a trial subsequent to the one concerning the confessed crime. We hold that it may and therefore affirm the judgment of conviction for perjury in Docket No. 18731. We also dismiss the appeal from McGee’s judgment of conviction, pursuant to a guilty plea, of one count each of burglary and grand larceny under Docket No. 19164.

The Facts

On June 6, 1985, an apartment shared by three women was burgled. McGee was…