Legal Opinion

State v. Burton

Court of Appeals of North Carolina

Decided August 7, 1974No. 7426SC316PublishedCited by 2 opinions

1Opinion of the Court

CARSON, Judge.

The defendant first contends that the trial court committed error by allowing into evidence the statements made by the defendant on the night of the arrest and the following day concerning ownership of the hat. The defendant maintains that Officer Kuehenbrod tricked him by handing him the hat and the fact that he said “Thank you” and placed it in his lap was protected by the Mircmda decision and should not have been admitted into evidence. We do not believe that the holding of the Miranda case should be extended to extemporaneous statements of this nature. Miranda v. Arizona,…

2Cases cited6 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. State v. BarberSupreme Court of North Carolina · 1971
  3. State v. PenleySupreme Court of North Carolina · 1971
  4. State v. JacksonSupreme Court of North Carolina · 1972
  5. State v. JenkinsCourt of Appeals of North Carolina · 1970

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3Cited by2 opinions

  1. State v. McLeanSupreme Court of North Carolina · 1978
  2. State v. McLeanSupreme Court of North Carolina · 1978

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