People v. McKee

Defendant appeals from his conviction after jury trial upon a charge of murder in the second degree. 1 On May 9, 1967, without benefit of counsel, he was sentenced to a prison term of 15 to 25 years.

Defendant alleges the trial court erred in admitting an incriminating statement he made while in custody. Testimony at the Walker hearing, 2 however, revealed that defendant’s statement was entirely unsolicited. 3 Volunteered statements do not come within the tenets enunciated in Miranda v. Arizona (1966), 384 US 436 (86 S Ct 1602, 16 L Ed 2d 694, 10 ALR3d 974). People v. Walker (1968), 14 Mich…