(DOWNLOAD) "In Re Weaver" by Court of Appeals of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: In Re Weaver
- Author : Court of Appeals of North Carolina
- Release Date : January 02, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
The respondents first assignment of error is to the admission of the testimony of Pat Webb that the respondent told her she had taken $60.00 from Mr. Roberts. Respondent contends that this testimony should have been excluded because she was not given a Miranda warning. Ms. Webb is not a law enforcement officer, and she was not required to warn respondent of her constitutional right against self-incrimination. However, to be admissible against respondent, the statement she made to Ms. Webb must have been voluntarily and understandingly made. In re Ingram, 8 N.C. App. 266, 174 S.E.2d 89 (1970). In this case the respondent objected to the admission of her confession but offered no evidence relating to the admission of her extra-judicial confession. This Court held in In re Simmons, 24 N.C. App. 28, 210 S.E.2d 84 (1974) that when an objection is made at a juvenile hearing to the admission of an extra-judicial confession on the ground that it was not made voluntarily and understandingly, and there is no conflict in the evidence as it bears upon the circumstances under which the confession was made, the overruling of the objection to the admission of the testimony amounts to an implied finding that the confession was voluntarily and understandingly made. The respondents first assignment of error is overruled.
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