State v. Morton

WEBB, Judge.

The defendant Morton has challenged the court’s findings as to the admissibility of his confessions. We believe this assignment of error has merit. We are faced with the question as to whether if the court makes findings of fact after a voir dire hearing which are not supported by the evidence, this is cured by having another voir dire hearing later in the trial, at which evidence is offered that supports the original findings. We believe that State v. McCloud, 276 N.C. 518, 173 S.E. 2d 753 (1970) stands for the proposition that, if possible, all evidence bearing on the…