State v. Moore

(concurring in part and dissenting in part)—I am constrained to dissent from the opinion of the majority, for the trial court's refusal to resubmit the question of voluntariness of Mr. Moore's confession to the jury. The court invaded the province of the jury by withholding from them evidence upon which to judge the weight and credibility of the confession.

Mr. Moore has raised two principal assignments of error on appeal, the resolution of which I believe incorrect only as to the second. However, the majority has left important *14matters without comment in their resolution of the first issue.

Mr.…