State v. Bishop

The principal contention of defendants is that the court erred in admitting into evidence the confessions of defendants.

The test of admissibility is whether the statements made by defendants were in fact voluntarily and understandingly made. State v. Gray, 268 N.C. 69, 150 S.E. 2d 1; State v. Rogers, 233 N.C. 390, 64 S.E. 2d 572; State v. Roberts, 12 N.C. 259. Although the fact that the defendant was in custody is a circumstance to be considered when considering the voluntariness of a confession, State v. Guffey, 261 N.C. 322, 134 S.E. 2d 619, this fact does not of itself render it…