STATE v. SUGG

No. 22486.

456 S.E.2d 469 (1995)

193 W.Va. 388

STATE of West Virginia, Plaintiff Below, Appellee, v. Marvin D. SUGG, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided March 10, 1995.


Attorney(s) appearing for the Case

Mary Beth Kershner, Asst. Pros. Atty., Charleston, for appellee.

Jack W. DeBolt, Charleston, for appellant.


CLECKLEY, Justice:

The appellant and defendant below, Marvin D. Sugg, was convicted of aggravated robbery and was sentenced to forty-five years in prison. He appeals his conviction on three grounds: (1) his incriminating statement to police on the night of the arrest should have been excluded at trial because the defendant did not make a knowing and intelligent waiver of his Miranda rights1

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