State v. Powell

This case is before this court on several alleged errors. The only one of them which has given the court any concern is the claim of error arising from the admission of the confession.

It is evident from the record that the state offered the confession, to which defendant objected on the ground that it was not voluntary. Thereupon, the court heard testimony, out of the hearing and presence of the jury, to determine that issue. The sole testimony on the subject was that of the defendant, to the effect that his confession was involuntary. Thereupon, the court admitted the confession, and, in the…