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eBook details

• Title: State Nebraska v. Donald George Elroy
• Author : Supreme Court of Nebraska
• Release Date : January 28, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

The defendant McDonald was found guilty by a jury of the crime of burglary and was sentenced by the court to 3 to 5 years
imprisonment. The principal issue on appeal involves the admissibility of an in-custody statement obtained from the defendant. The evidence implicated the defendant and another individual named Barada. While the defendant was in custody prior to trial,
he was interviewed by the county attorney in the presence of a court reporter. The complete constitutional rights warnings
were given to the defendant and he waived those rights. In response to preliminary questions, he stated that he "didn't do
it." After some Discussion of other indirectly related matters, the questioning was brought back to the particular burglary
involved. After a couple of questions and answers involving Barada's connection with the premises burglarized, the following
dialogue occurred: "(Def.) Can we go off the record for a minute? (Co. Atty.) Well, I can't go off the record once we start
but you may go ahead. (Def.) Well, I want to ask you this question: What are you going to do with me on this if I tell you
the whole thing. It will implicate me. It is a fringe deal and it's like that dope deal. (Co. Atty.) Well, nothing happened
to you on the dope deal, is that right? (Def.) Well, I am not asking you to make a deal or anything. I wanted your line of
thinking because I did have hold of some of the stuff that he did get. (Co. Atty.) Some of the cash? (Def.) Well, the cash,
no. (Co. Atty.) Well, tell me everything you know. * * *." The remainder of the statement accused Barada of the burglary but
conceded that the defendant knew Barada was committing a burglary and that defendant received some of the proceeds.

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