State v. Small

BRANCH, Justice.

Defendant’s first assignment of error is that the trial judge erred in denying his motion to suppress defendant’s in-custody statements because they were not understandingly and voluntarily made.

The unquestioned rule in this jurisdiction is that the ultimate test of the admissibility of a confession is whether the confession was, in fact, understandingly and voluntarily made. State v. Bishop, 272 N.C. 283, 158 S.E. 2d 511; State v. Gray, 268 N.C. 69, 150 S.E. 2d 1, Cert. denied, 386 U.S. 911. Thus, a confession is involuntary and'not admissible into evidence when it is induced…