State v. Brown

Defendant was convicted after trial by jury of burglary in the first degree. On appeal he assigns as errors: (1) refusal to suppress statements he made prior to Miranda warnings, (2) failure to give a requested jury instruction concerning definition of burglar’s tools, (3) overruling an objection to appearance of a witness for the state without notice to defendant prior to trial and (4) denial of defendant’s motion to strike hearsay comments of the prosecutor at the sentencing proceeding. We consider in detail only the first and last assignments.

Responding to a dispatch to assist city police…