Defendant, prosecuted under the Second Offender Act (§ 556.280, V.A.M.S.), was found guilty by a jury of armed robbery, in violation of § 560.120, V.A.M.S. The trial court, having found that defendant had a prior felony conviction, sentenced him to imprisonment for eigh¿ years, and he appeals. We affirm.
On December 19, 1968, a lone armed robber held up the Dailey Liquor Store in Pacific, Missouri, taking cash and checks in the amount of $614.40. Defendant was arrested at his trailer home in Pacific at about noon on February 23, 1969, in connection with this robbery. He was taken to the Court House in Union and questioned by deputy sheriffs for about an hour. He was interrogated again the following evening, at which time, according to the state’s testimony, he orally confessed that he and another man from Pacific had gone into St. Louis on December 19, 1968, and picked up a man named Joey, whom they brought back to Pacific. Joey then held up the liquor store while defendant and the other man waited in the car in a nearby alley. In the division of the money, defendant received about $100.00.
At the trial, Deputy Sheriff Schroeder testified in detail as to the arrest and questioning of defendant and of the oral admissions he made. Schroeder related the Miranda warnings given to defendant before he was questioned on February 23 and which were repeated before the additional interrogation on the evening of February 24. No motion to suppress the oral confession was made, and defendant did not ask that a hearing be held outside the presence of the jury to determine the voluntariness of the confession. When Deputy Schroeder testified as to the statements made by defendant, no objection was made. On cross-examination counsel for defendant asked Schroeder if he had in *548 formed defendant that he could terminate the conversation at any time, and the deputy stated he had not. Thereupon, counsel moved that the testimony of the deputy be stricken “for the reason that the defendant was not given the full constitutional warning that he is entitled to in a case of this nature.” The motion was overruled. Subsequently, defendant took the stand. He testified that the deputy did tell him that he was not required to make any statement, and the defendant was not certain whether he was told that any statement made could be used against him. He stated he was not told that he could have an attorney, and that actually he asked for an attorney but was told that he would have an opportunity to get one. With reference to what he allegedly had stated about the robbery, he testified that the officers simply stated or read to him what allegedly occurred and then asked him if that wasn’t right, and he responded, “Yes, I guess so, if that is what you say.”
Two questions are briefed and presented on appeal. In the first place, defendant now contends that the trial court erred in receiving the testimony of the deputy sheriff as to admissions of the defendant without first determining out of the presence of the jury that those statements had been made voluntarily. He says that a Jackson v. Denno
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type hearing should have been held. In State v. Jackson, Mo.,
Defendant’s second contention on appeal is that the Miranda warnings given to defendant were insufficient in that they did not tell defendant he had the right to terminate the interview at any time. We overrule this contention. The state’s evidence was that the defendant was told on each occasion before he was interrogated that he had the right to remain silent, that anything he said could and would be used against him in a court of law, that he had a right to have an attorney with him during any interview, and that if for some reason he could not provide his own attorney one would be provided. He also was asked if he had any questions about the warning and if he understood these four points. Miranda v. Arizona,
In Green v. State,
Judgment affirmed.
Notes
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