PAULEN v. STATE

No. 76-1938.

352 So.2d 1205 (1977)

Robert Earl PAULEN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 10, 1978.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Frank B. Kessler and Jerry L. Schwarz, Asst. Public Defenders, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Harry M. Hipler, Asst. Atty. Gen., West Palm Beach, for appellee.


DAUKSCH, Judge.

A manslaughter conviction is appealed. We reverse.

Appellant is accused of having killed a person by driving his automobile into her while he was under the influence of intoxicating liquor. At trial a policeman was asked "... when you advised him of his Miranda warnings, did he make any statements to you?" Policeman: "As I recall, at that time he didn't." It came out that Appellant later voluntarily made statements in regard to the accident...

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