STATE v. BECKENBACH

No. 82-77.

397 A.2d 79 (1978)

STATE of Vermont v. Henry BECKENBACH.

Supreme Court of Vermont.

Motion for Stay of Mandate denied December 4, 1978.


Attorney(s) appearing for the Case

John A. Rocray, Windham County State's Atty., and Linda Levitt, Deputy State's Atty., Brattleboro, for plaintiff.

James L. Morse, Defender Gen., Charles S. Martin, App. Defender, David W. Curtis, Acting App. Defender, and David Rath and William A. Nelson, Law Clerks (on brief), Montpelier, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BARNEY, Chief Justice.

The defendant was prosecuted for breaking and entering in the nighttime. At the time of his arrest he gave an incriminating statement to the police. Suppression of that statement was denied and, on trial, the jury found him guilty.

His appeal to this Court raises two issues. The first contends that his statement to the police ought not to have been available against him, since a waiver of his rights under the doctrine of Miranda v...

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