STATE v. ROSS

No. 37533.

183 N.W.2d 229 (1971)

186 Neb. 280

STATE of Nebraska, Appellee, v. Weldon ROSS, Appellant.

Supreme Court of Nebraska.

January 22, 1971.


Attorney(s) appearing for the Case

A. Q. Wolf, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Omaha, for appellant.

Clarence A. H. Meyer, Atty. Gen., James J. Duggan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


WHITE, Chief Justice.

The question involved in this case is whether a defendant, who voluntarily takes the witness stand in his own behalf, may be impeached on cross-examination or rebuttal testimony by previous statements taken from the defendant unless all of the Miranda warnings have been given. The sole ground of this appeal is the admission of such testimony by the district court. We affirm the judgment and sentence of the district court.

The defendant...

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