Roberson v. State

CATES, Presiding Judge.

Murder, second degree: sentence, twenty years. Manslaughter, first degree: sentence, five years. Consolidated trial.

The only claim of error argued by the appellant is premised on a claimed failure to posit the Miranda warnings. The defendant’s inculpatory statement was not used by the State in its case in chief. Instead it was used only to rebut the defendant’s own testimony.

While we do not find that the Miranda warning was defective, yet we concede there are equivocal tendencies. The officer testified in part:

“I don’t recall; I don’t believe I did. I probably did. Told…