State v. Higgins

This is an appeal from a conviction for aggravated burglary in the Court of Common Pleas.

The defendant, Adolph S. Higgins, assigns as error:

“I. Where, in a jury trial, the state attempts to introduce a taped confession allegedly made by the defendant, and where the defendant objects to the introduction of said tape, and where the trial court, without an independent hearing as to the voluntariness of said confession overrules the defendant’s objection and permits the introduction of said tape, said conduct, on the part of the trial court is a violation of the defendant’s due process guaranteed…