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STATE v. HUNT

No. 8229SC1119.

306 S.E.2d 846 (1983)

STATE of North Carolina v. Stephen Christopher HUNT.

Court of Appeals of North Carolina.

September 20, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus R. Edmisten by Sp. Deputy Atty. Gen. John R.B. Matthis and Asst. Atty. Gen. John F. Maddrey, Raleigh, for the State.

Chambers, Ferguson, Watt, Wallas, Adkins & Fuller, by James E. Ferguson, II, Charlotte, for defendant-appellant.

PHILLIPS, Judge.

We are obliged to hold that defendant's confession was improperly received in evidence against him. The record reveals that it was obtained in violation of his right against self-incrimination under the Fifth and Fourteenth Amendments to the United States Constitution. Though no physical force was involved, the circumstances recorded nevertheless indicate a coercively obtained, rather than a voluntarily given, statement, and though a Miranda

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