Smith v. State

Bell, Chief Judge.

The defendant after his arrest was given the warning required by Miranda v. Arizona, 384 U. S. 436 (86 SC 1602, 16 LE2d 694, 10 ALR3d 974), and then made an incriminating statement. On cross examination a state’s witness testified that he could not recall whether the defendant requested that a lawyer be present at the interrogation and that he was not denying "that he requested a lawyer.” Subsequent to this interrogation, another police officer interrogated the defendant. The second officer relied upon the warning given by the first. The defendant made a confession at the…