Dempsey v. State

In the course of petitioner Dempsey’s trial on charges of breaking and entering and grand larceny, the State offered in evidence Dempsey’s alleged confession admitting the commission of the crimes, and Dempsey objected on the ground that the statement was not voluntary. The trial judge then conducted a hearing on the voluntariness of the confession out of the jury’s presence. After the hearing, the trial judge instructed the jury that during its absence the court had heard testimony concerning the voluntary nature of a statement allegedly made by Dempsey, that the jury would hear the same…