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McMILLAN v. UNITED STATES

No. 10280.

373 A.2d 912 (1977)

Ernest McMILLAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 25, 1977.

Attorney(s) appearing for the Case

Louis Fireison, Washington, D.C., appointed by this court, for appellant.

Mary H. Weiss, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry, William D. Pease and Edward D. Ross, Jr., Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before KELLY, KERN and GALLAGHER, Associate Judges.

PER CURIAM:

Appellant was convicted of robbery after trial by jury. His appeal presents for our determination whether the exculpatory statement he made upon being stopped by police near the scene of the crime before he was placed under arrest was the product of custodial interrogation proscribed by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and hence erroneously received in evidence against...

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