Legal Opinion · Concurrence

State v. . Newsome

Supreme Court of North Carolina

Decided May 9, 1928Published

1ConcurrenceStacy, C. J.

There are just three observations which I wish to make in regard to this case:

First, with respect to the alleged confessions of the defendant: Confessions are of two kinds, voluntary and involuntary. Voluntary confessions are admissible in evidence against a defendant; involuntary confessions are not. A confession is voluntary in law when — and only when — -it was in fact voluntarily made. Ziang Sung Wan v. United States, 266 U. S., 1, 69 L. Ed., 131. The voluntariness of a confession is a preliminary question to be determined by the judge in passing upon its competency as evidence. S. v.…

2Cases cited27 opinions

  1. Frank v. MangumSupreme Court of the United States · 1915
  2. Moore v. DempseySupreme Court of the United States · 1923
  3. Ziang Sung Wan v. United StatesSupreme Court of the United States · 1924
  4. State v. . BensonSupreme Court of North Carolina · 1922
  5. State v. . AllenSupreme Court of North Carolina · 1923

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