UNITED STATES v. SMITH

No. 78-5027.

608 F.2d 1011 (1979)

UNITED STATES of America, Appellee, v. Donald Lee SMITH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 9, 1979.


Attorney(s) appearing for the Case

Roger L. Dillard, Sylva, N. C., for appellant.

Phillip G. Kelley, Asst. U. S. Atty., Charlotte, N. C. (Harold M. Edwards, U. S. Atty., Asheville, N. C., S. Lee Atkins, Asst. U. S. Atty., on brief), for appellee.

Before BUTZNER, HALL and PHILLIPS, Circuit Judges.


JAMES DICKSON PHILLIPS, Circuit Judge:

Donald Lee Smith appeals his jury trial conviction of manslaughter under 18 U.S.C. §§ 1112, 1153 for the killing of George Edward Ledford. The sole issue on appeal is whether the district court erred in admitting into evidence an incriminating statement made by Smith to investigating officers. There is no contention that Smith was not informed of his fifth and sixth amendment rights as required in Miranda v. Arizona...

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