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STATE v. CHITTENDEN

No. 46,947

212 Kan. 178 (1973)

510 P.2d 152

STATE OF KANSAS, Appellant, v. NORMAN D. CHITTENDEN, Appellee.

Supreme Court of Kansas.

Opinion filed May 12, 1973.

Attorney(s) appearing for the Case

Lawrence P. Ireland, assistant county attorney, argued the cause, and Vern Miller, attorney general, and Gene M. Olander, county attorney, were with him on the brief for the appellant.

Michael J. Schenk, of Marshall, Hawks, McKinney & Hendrix, of Topeka, argued the cause, and J. Roger Hendrix, of the same firm, was with him on the brief for the appellee.

The opinion of the court was delivered by

OWSLEY, J.:

This appeal, pursuant to K.S.A. 1972 Supp. 22-3602, arises on the state reserved question whether a second Miranda-type warning of constitutional rights is required to be given to a suspect at a later stage of the investigation of a single incident. Trial court held defendant's confession at his second interview was inadmissible because Miranda warnings were not repeated.

Defendant...

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