State v. Shannon

This is an appeal from a conviction of violating OB.S 163.280 (assault with intent to Mil). The only question is whether it was error to receive evidence of incriminating statements made by the defendant to the arresting officers.

The defendant and another man were caught by police in the act of looting a grocery market. Both burglars were armed. The defendant’s confederate exchanged shots with an officer, and was Mlled. The defendant thereupon threw down his pistol and surrendered.

An officer testified:

“I asked the defendant if he thought that Mr. Morris [the deceased] would have shot me if I…