STATE v. JONES

No. 8213SC1193.

307 S.E.2d 823 (1983)

STATE of North Carolina v. Roy Allen JONES.

Court of Appeals of North Carolina.

October 18, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Henry T. Rosser, Raleigh, for the State.

Frank T. Grady, Elizabethtown, for defendant-appellant.


WHICHARD, Judge.

TRIAL PHASE

Defendant contends the court erred in admitting his in-custody statement taken in the absence of court-appointed counsel.

Although a defendant has a constitutional right to have counsel present during custodial interrogation, he may waive this right in counsel's absence. State v. Smith, 294 N.C. 365, 374-76, 241 S.E.2d 674, 680-81 (1978). In determining whether a defendant has...

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