State v. Dunn

BRITT, Judge.

By his first assignment of error defendant contends that the court’s determination of the voluntariness of defendant’s alleged confession was made upon an improper voir dire hearing. The State sought to introduce the confession through testimony of Deputy Sheriff Roy Tysinger (Tysinger), who, along with Sheriff Frank Fowler (Fowler), had conducted an in-custody interrogation of defendant. The court excused the jury, and the solicitor elicited from Tysinger facts showing that defendant had, without duress, compulsion, or promise, voluntarily and intelligently waived his…