State v. Stack

BROCK, Judge.

Defendant assigns as error the admission of evidence of his confession, on the ground that it was involuntarily given. His contention is that, since his prior statement as to a different crime had been involuntarily given, and he had continuously been in custody since that time, the present confession is tainted.

It is true, of course, that “ . . . where an accused has made an involuntary confession, any subsequent confession is presumed to proceed from the same vitiating influence, with the burden on the state to prove the contrary.” 2 Strong, N. C. Index 2d, Criminal Law, § 76,…