Schneider v. State

Deen, Judge.

Where (1) the defendant in a criminal case contends that a confession sought to be introduced in evidence by the state was obtained as a result of coercion, and (2) the testimony on the point is in conflict, and (3) the judge leaves the question of voluntariness or coercion to the jury without making a preliminary finding that the confession was in fact voluntary, the defendant’s Fourteenth Amendment rights have been violated. Sims v. Georgia, 385 U. S. 538 (87 SC 639, 17 LE2d 593). In such event, the case must be returned to the trial court, and the trial judge must hold a…