Grimaldi v. State

*89Thompson, C. J., with whom Mowbray, J., agrees,

dissenting:

The failure of the trial court to allow the jury to decide whether the defendant’s confessions were freely and voluntarily given should be deemed prejudicial error. Indeed, every jurisdiction which follows the Massachusetts Rule in the handling of confessions holds that the failure to instruct the jury that it must decide whether the confessions were voluntary, and to disregard them if it determined that they were not voluntarily given, is reversible error. State v. Pulliam, 349 P.2d 781 (Ariz. 1960); United States v. Inman, 352 F.2d…