STATE v. HARVEY

No. 84-185.

497 A.2d 356 (1985)

STATE of Vermont v. William H. HARVEY.

Supreme Court of Vermont.

May 24, 1985.


Attorney(s) appearing for the Case

James P. Mongeon, Rutland County State's Atty., and Martha M. Smyrski, Deputy State's Atty., Rutland, for plaintiff-appellant.

Andrew B. Crane, Defender Gen., and Henry Hinton, Appellate Defender, Montpelier, for defendant-appellee.

Before ALLEN, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.


GIBSON, Justice.

This case arises as an interlocutory appeal by the State, after the trial court granted defendant's motion to suppress statements given by him to Vermont State Police Corporal Brian Abbey. The court held that defendant did not make a voluntary, knowing and intelligent waiver of his constitutional right against self-incrimination, in violation of both the Fifth Amendment, applicable to the states through the Fourteenth Amendment, Malloy v. Hogan...

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