STATE v. McCARTHY

No. 84-422.

353 N.W.2d 14 (1984)

218 Neb. 246

STATE of Nebraska, Appellant, v. Joe McCARTHY, Appellee.

Supreme Court of Nebraska.

August 3, 1984.


Attorney(s) appearing for the Case

Steven J. Moeller, Deputy Hall County Atty., Grand Island, for appellant.

John R. Hall of Anderson, Vipperman, Hinman, Hall & Kovanda, Grand Island, for appellee.


GRANT, Justice.

Pursuant to Neb.Rev.Stat. § 29-824 (Cum.Supp.1982), the State of Nebraska appeals the judgment of the Hall County District Court suppressing a statement made by defendant before Miranda warnings were read to him by police officers. The State admits the Miranda warnings were not given, but alleges warnings were unnecessary because the defendant was not in custody at the time of the statements and that, in any event, the warnings were...

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