Robertson v. State

OPINION

A jury found appellant Robertson guilty of second degree murder. On appeal, he contends the district court erred (1) by denying his motion to suppress statements he made while in *139custody, and (2) by giving certain jury instructions, and rejecting a proposed alternative instruction. We find no error in the district court’s denial of appellant’s motion to suppress. However, we reverse appellant’s conviction because of prejudicial error in instructing the jury.

1. A trial court’s decision on the voluntariness of an inculpatory statement is final unless such finding is plainly untenable.…