          sitting by designation.



Affirmed in part and reversed in part by published opinion. Judge
Bullock wrote the opinion, in which Judge Widener joined. Judge
Michael wrote an opinion concurring in part and dissenting in part.


                             COUNSEL

ARGUED: Alexander McClure Peters, Special Deputy Attorney
General, NORTH CAROLINA DEPARTMENT OF JUSTICE,
Raleigh, North Carolina, for Appellants. James Bopp, Jr., BOPP,
COLESON & BOSTROM, Terre Haute, Indiana, for Appellees. ON
BRIEF: Roy Cooper, North Carolina Attorney General, Susan K.
Nichols, Special Deputy Attorney General, NORTH CAROLINA
DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appel-
lants. Eric C. Bohnet, BOPP, COLESON & BOSTROM, Terre Haute,
Indiana,the Sheriffs office made contact with Mr. Livingston. He indicated that he had some information about a homicide. Lieutenant Davis began talking to Mr. Livingston, and Mr. Livingston spontaneously told Lieutenant Davis that he had killed a woman in his apartment at 2724 North 8th Street in Kansas City, Kansas, in Wyandotte County. Police did respond to that address, and did enter the dwelling, and did locate the nude body of a woman who was later identified as Audrey Lowery, and she was deceased. A full taped statement was later taken from Livingston following his Miranda warning. He waived the Miranda warning and agreed to give a statement. He told police that he and Ms. Lowery had been engaged in narcotic activity, and they got involved in 