State v. Smith

Defendant appeals from conviction by the court of first degree murder. The only issue is whether it was error to receive a tape-recorded confession.

The court, in camera, preceding selection of a jury, heard testimony of detectives who took the confession, and the testimony of a psychiatrist who had previously examined the defendant, to determine whether defendant’s Miranda ① rights had been understandingly explained to him and if his confession was voluntary. After determination of these questions trial by jury was waived.

The evidence from the psychiatrist was that although the defendant had…