STATE v. MITCHELL

No. 62130.

611 S.W.2d 211 (1981)

STATE of Missouri, Respondent, v. Arthur MITCHELL, Appellant.

Supreme Court of Missouri, En Banc.

February 9, 1981.


Attorney(s) appearing for the Case

Joe F. Willerth, Independence, for appellant.

John Ashcroft, Atty. Gen., Nancy Kelley Baker, Asst. Atty. Gen., Jefferson City, for respondent.


SEILER, Judge.

The question presented is, where there were no Miranda warnings given to defendant after his arrest and prior to his being interrogated by the police, can statements made be used by way of impeachment over defendant's objection that they are not voluntary, without first a hearing and affirmative determination by the trial court as to their voluntariness?

There was evidence from the state's witnesses from which a jury could reasonably...

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