However, prior to addressing this issue, we need to consider the State's contention that Miranda is inapplicable to emergencies such as existed at the time of the questioning in the Baltimore City jail, for if this is so, then it will be unnecessary for us to delineate the type of interrogation that then occurred. Relying on dicta in Hunt v. State, 2 Md. App. 443, 447, 234 A.2d 785, 787-88 (1967), as well as a handful of decisions from other jurisdictions, People v. Sanchez, 65 Cal.2d 814, 423 P.2d 800, 56 Cal.Rptr. 648 (1967); State v. Archible, 25 N.C. App. 95, 212 S.E.2d 44 (1975); State v. Abbott, 21 Utah 2d 307, 445 P.2d 142 (1968); State v. Persinger, 72 Wn.2d 561, 433 P.2d 867 (1967), cert. denied, 393 U.S. 864 (1968); State v. LaRue, 19 Wn. App. 841, 578 P.2d 66 (1978), the Court of Special Appeals, in upholding the trial court's ruling, determined that compliance with Miranda by prison authorities is excused by the emergency erupting from the "unusual explosive circumstances" of a gun in the possession of an inmate. Whitfield v. State, supra, 42 Md. App. at 126-28, 400 A.2d at 783-85.
Sheriff Whittle did not interrupt, by question or comment, the defendant's initial narrative of the events resulting in the victim's death, but he did question the defendant at the conclusion of his incriminating story. Although the questions related to rather insignificant details and appeared to be "for the purpose of clarifying certain points made by the defendant," see State v. Archible, 25 N.C. App. 95, 212 S.E.2d 44, 46 (1975), we recognize that because the questions were "reasonably likely to elicit an incriminating response," Rhode Island v. Innis, 446 U.S. at 301-02, 100 S.Ct. at 1689-90, they constituted interrogation. We find, nevertheless, that because the defendant had already completely incriminated himself by the time he had finished his volunteered and uninterrupted narrative, that any error of admitting defendant's answers to Sheriff Whittle's follow-up questions was harmless.
The question was proper under the circumstances. State v. Archible, 25 N.C. App. 95, 212 S.E.2d 44 (1975); State v. Thomas, 22 N.C. App. 206, 206 S.E.2d 390, appeal dismissed, 285 N.C. 763, 209 S.E.2d 287 (1974). The rifle, in plain view, was observed by an officer lawfully present following a general investigatory question. It was properly admitted.
Hunt v. State, supra, upon which the State relies, is the sole Maryland case to ever address the issue, although a number of other jurisdictions have had the occasion to speak on the subject. People v. Sanchez, 65 Cal.2d 814, 423 P.2d 800 (1967) (statements admissible due to apprehension of safety for prison by guard); State v. Archible, 25 N.C. App. 95, 212 S.E.2d 44 (1975) (interrogation of prison guard held non-custodial); State v. Abbott, 21 Utah 2d 307, 445 P.2d 142 (1968) (interrogation immediately after stabbing to find owner of knife); State v. Persinger, 72 Wn.2d 561, 433 P.2d 867 (1967), cert. denied, 393 U.S. 864 (1968) (statement taken during course of escape); State v. LaRue, 19 Wn. App. 841, 578 P.2d 66 (1978) (on-the-scene investigation for weapon). We agree with the State that the above-cited cases more aptly apply to the circumstances surrounding the incriminating statements made by Whitfield, than do those which journey to an opposite end.
There was no custodial interrogation. State v. Archible, 25 N.C. App. 95, 212 S.E.2d 44 (1975); State v. Thomas, 22 N.C. App. 206, 206 S.E.2d 390 (1974). Defendant, as the owner of the restaurant, was a logical person for the investigating officers to ask concerning the killing that had just taken place.