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STATE v. PORTER

No. 8026SC698.

274 S.E.2d 860 (1981)

STATE of North Carolina v. Johnell PORTER and Keith Emerson Ross.

Court of Appeals of North Carolina.

February 17, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ben G. Irons II, Raleigh, for the State.

Asst. Public Defender Lyle J. Yurko, Charlotte, for defendant-appellant Keith Emerson Ross.

Dozier, Miller & Pollard by Scott T. Pollard, Charlotte, for defendant-appellant Johnell Porter.

HILL, Judge.

We first discuss the assignments of error brought forth by both defendants regarding Patrolman Wilson's testimony as to the statements made by defendant Porter immediately after the two defendants' arrest. Defendant Porter contends that as to him, the testimony should have been excluded under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), because his statements were made before he was warned...

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