State v. Wilson

BERNSTEIN, Chief Justice.

Appellants were joint defendants and prosecuted for first degree burglary. All three were convicted.

Defendants contend that fundamental error was committed in the trial. They argue that when a written confession has been admitted into evidence it is the responsibility of the trial court to charge the jury as to their duty in considering both the truth of the confession and its voluntariness. We have held that fundamental error occurs when the jury is not instructed on their duty to determine the truth and voluntariness of a confession. State v. Pulliam, 87 Ariz. 216,…