STATE v. BUSHEY

No. 82-098.

122 N.H. 995 (1982)

THE STATE OF NEW HAMPSHIRE v. WARREN W. BUSHEY

Supreme Court of New Hampshire.

December 8, 1982.


Attorney(s) appearing for the Case

Gregory H. Smith, attorney general (Peter W. Mosseau, assistant attorney general, on the brief), by brief for the State.

James E. Duggan, appellate defender, of Concord, by brief for the defendant.


KING, C.J.

The sole issue presented by this appeal is whether the State proved beyond a reasonable doubt that the defendant, Warren W. Bushey, knowingly and intelligently waived his Miranda rights before making a statement to the police. Holding that the State failed to meet its burden, we reverse his conviction and remand for a new trial.

The defendant was arrested on the evening of June 21, 1981, and charged with the aggravated-felonious-sexual assault...

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