Bowen v. State

McNEILLY, Justice:

Defendant appeals from the affirmance by the Superior Court (See 336 A.2d 228) *173of his conviction in the Court of Common Pleas for driving under the influence of intoxicating liquor. He contends that statements made to the police during custodial interrogation should have been excluded because he was not advised of his Miranda rights and that the issue of volun-tariness of consent to take a chemical test following his refusal to do so should have been presented to the jury following an initial determination by the Court.

I

We find no merit in defendant’s first contention and…