STATE v. SMITH


834 S.W.2d 915 (1992)

STATE of Tennessee, Plaintiff-Appellee, v. Hosie Van SMITH, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

May 18, 1992.


Attorney(s) appearing for the Case

David B. Hill, Newport, for defendant-appellant.

Charles W. Burson, Atty. Gen. & Reporter and C. Anthony Daughtrey, Asst. Atty. Gen., Nashville, for plaintiff-appellee.


OPINION

ANDERSON, Justice.

The primary issue raised on this appeal is whether the defendant's confession, obtained after proper administration of Miranda warnings, is inadmissible at trial because a prior incriminating statement was obtained in violation of the Fifth Amendment of the United States Constitution and Article I, § 9 of the Tennessee Constitution. The initial incriminating statement made...

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