People v. Mials

Judgment of the Supreme Court, Kings County, rendered October 14, 1965, convicting defendant of manslaughter in the first degree, upon a jury verdict, reversed on the law and new trial ordered. The findings of fact below have not been considered. In the jury’s absence, a preliminary Huntley hearing was held as to the voluntariness of certain statements by defendant. The trial court found them voluntary and they were thereafter received in evidence without objection. The issue of voluntariness of the statements was not submitted to the jury by the court’s charge, despite the fact that this…