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MULLIGAN v. STATE

No. 343, September Term, 1968.

6 Md. App. 600 (1969)

252 A.2d 476

ROBERT T. MULLIGAN v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

Decided April 25, 1969.

Attorney(s) appearing for the Case

Arthur Dale Leach, with whom were W. Byron Sorrell, Richard S. Paulson, and George A. Wilkinson, Jr., on the brief, for appellant.

Thomas N. Biddison, Jr., Assistant Attorney General, with whom were Francis B. Burch, Attorney General, Charles E. Moylan, Jr., State's Attorney for Baltimore City, and Hilary D. Caplan, Assistant State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and ANDERSON, MORTON, ORTH, and THOMPSON, JJ.

ORTH, J., delivered the opinion of the Court.

The controlling point on this appeal is the use by the prosecution of a statement obtained by the police during a custodial interrogation of the appellant. The statement was obtained on 3 June 1966, prior to the decision in Miranda v. State of Arizona, 384 U.S. 436, and used by the prosecution at the trial of the appellant on 15 May 1968, subsequent to the decision in Miranda....

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