State v. Peake

Finney, Justice:

'Appellant Allen Ste.wart Peake was convicted of murder and sentenced to life imprisonment. We reverse and remand for a new trial.

Appellant contends the trial court erred in admitting into evidence a statement he made while in police custody because the statement was involuntary and induced by a promise not to seek the death penalty.

At the suppression hearing, the investigating officer testified on direct examination that he made the following statement to the appellant during a portion of the interrogation and prior to the challenged statement:

Q. [Solicitor] All right. And…