MATTER OF ASHBY

No. 7821DC90.

246 S.E.2d 31 (1978)

37 N.C. App. 436

In the Matter of Randy Lee ASHBY.

Court of Appeals of North Carolina.

August 1, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Sandra M. King, Raleigh, for the State.

Jim D. Cooley, Winston-Salem, for respondent.


BROCK, Chief Judge.

The arresting officer testified: "I placed the respondent Randy Lee Ashby under arrest and informed him of his Miranda rights. I then asked him if he wanted to answer any questions and he stated that he would."

Defense counsel immediately objected to any testimony of what respondent may have said "on the basis that there has been no affirmative showing that respondent waived his right to counsel."

The trial judge overruled...

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