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hearing the Miranda statement read, and he subsequently made a statement about the incidents.
But Mr. Gladstone objected saying Mr. Moody’s statement should not be used since he began talking of the events before being read his rights saying Major Mac Welch took advange of the fact that Mr. Moody was in custody..
Judge Robeson overruled the objection.
In his statement, according to Major MacWelch, Mr. Moody admit* ted breaking out the windows of the cars with rocks.
Major MacWelch said they were able to recover a wallet and sunglasses that had been taken from Mr. Arnold’s car, and Miss White recovered the backpack from her car that was found in a gas station off Interstate 81.
Mr. Gladstone also asked that the charge of driving on a suspended license be dismissed because Mr. Moody had already been tried on that charge in Warren County.
Commonwealth Attorney Peter Luke called as witnesses the owners of four' of the vandalized cars: Miss White, Mr. Arnold, J.C. Welch and Roger Pritchett.
Mr. Gladstone did have one success in his representation of Mr. Moody.
Mr. Arnold said his parents had paid $75 for the wallet on sale two years ago although it normally sells for $125. He said his grandmother had paid $75 for the sunglasses about one year ago and that there was about $18 in the wallet.
Mr. Moody had been charged with grand larceny for taking these itmes from Mr. Arnolds car. Grand larceny means stealing items valued at more than $200. Judge Robeson reduced the . charge to petit larceny since the stolen items would only be worth more than $200 if the two-year old wallet was worth more than was paid for it.
Mr. Gladstone was less successful in challenging the charge of destruction of private property for damage done to a car belonging to J.C. Welch. Mr. Welch said his car was a Beretta, while the formal charge was damaging • a Chevrolet. The judge agreed that a Beretta is a Chevrolet.
David van de Graaff, who is the visiting teacher for’the public school system and track coach, testified that he was at the school preparing to load
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