STATE v. FALLER

No. 11357.

227 N.W.2d 433 (1975)

STATE of South Dakota, Plaintiff and Respondent, v. Larry Gene FALLER, Defendant and Appellant.

Supreme Court of South Dakota.

March 26, 1975.


Attorney(s) appearing for the Case

Harry W. Christianson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; Kermit A. Sande, Atty. Gen., Pierre, Gerald E. Bollinger, State's Atty., Sanborn County, on the brief.

Le Roy S. Lassegard, Merle D. Lewis, Mitchell, for defendant and appellant.


DOYLE, Justice.

This case involves the admissibility of a confession obtained after a polygraph examination. The record reveals that defendant had been questioned twice previous to the examination—once three days prior to the polygraph test and again the day before the test. He was given his Miranda warnings on both previous occasions but was not in any way restrained or in custody.

On the day of the examination the defendant voluntarily went from Woonsocket...

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