STATE v. TOMS

No. 7529SC689.

221 S.E.2d 94 (1976)

28 N.C. App. 394

STATE of North Carolina v. Leonard Roger TOMS.

Court of Appeals of North Carolina.

January 21, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attorney William H. Guy, Raleigh, for the State.

Chambers, Stein, Ferguson & Becton by James E. Ferguson, II, Charlotte, for the defendant.


BROCK, Chief Judge.

Defendant argues that it was error to admit into evidence before the jury his incustody statements to the sheriff. Defendant asserts that the statements were made during an interrogation that continued after defendant had advised the sheriff that he wished to remain silent and not answer questions. Defendant makes no contention that he was not fully advised of his Miranda rights. He cites the familiar Miranda rule that declares: ...

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