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STATE v. BUTLER

No. 87.

244 S.E.2d 410 (1978)

295 N.C. 250

STATE of North Carolina v. Willie Thomas BUTLER, a/k/a Top Cat.

Supreme Court of North Carolina.

June 6, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Thomas F. Moffitt, Associate Atty. Gen., Raleigh, for the State of North Carolina.

Michael A. Ellis and R. Gene Braswell, Goldsboro, for defendant-appellant.

HUSKINS, Justice:

Defendant assigns as error the admission of his inculpatory statement to FBI Agent David C. Martinez, made while in custody and without benefit of counsel. He contends the incriminating statement is inadmissible because he had not waived his constitutional right to the presence and assistance of counsel, relying on Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), as interpreted and applied...

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