PEOPLE v. NEWSOME

No. 4-82-0482.

117 Ill. App.3d 1005 (1983)

454 N.E.2d 353

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. BENNY JOE NEWSOME, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

Opinion filed September 6, 1983.


Attorney(s) appearing for the Case

Edward Litak, State's Attorney, of Danville (Robert J. Biderman and Michael W. Hogan, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Daniel D. Yuhas and Jeffrey D. Foust, both of State Appellate Defender's Office, of Springfield, for appellee.


Reversed and remanded.

JUSTICE TRAPP delivered the opinion of the court:

This is an interlocutory appeal by the State from an order of the circuit court of Vermilion County suppressing statements of the defendant which were taken in alleged violation of his Miranda rights. The question presented for our decision is whether the defendant was in custody so as to require Miranda warnings precedent to on-the-scene questioning. We reverse.

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