Janssen

A jury trial resulted in verdicts finding defendant guilty of second degree burglary of the cabin of Dwight Wood and (under instructions relative to one who has armed himself with a deadly weapon in the course of a burglary) first degree burglary of Old Man River Lodge. Defendant appeals from the judgment.

Primary contention on appeal is that a confession made to a deputy sheriff after defendant had been in jail for five days was inadmissible since defendant had not been informed that he had a right to counsel or that he had a right to remain silent. The confession was the product of an interrogation made two days before defendant’s scheduled preliminary examination. At his own election defendant proceeded without counsel, entered a plea of innocent and represented himself throughout the trial.

Defendant was caught burglarizing a closed summer resort called Old Man River Lodge. One of the buildings was the lodge itself and there were other cottages or cabins in the immediate area. The lodge and the cabins were closed on June 13, 1964, the date of the burglaries, and the shades of the lodge had been drawn. Lou Hayes, caretaker of the establishment, lived a mile away.

Jim Hayes,…