State v. Silver

BRANCH, Justice.

The principal question presented by this appeal is whether the trial judge erred in admitting into evidence defendant’s custodial confession.

This record clearly discloses that the trial judge based his conclusions of law upon facts found on the basis of evidence related solely to events which took place on 22 December 1973. If we were restricted to consideration of evidence elicited solely on voir dire, the trial judge’s findings would be adequately supported by the evidence and therefore would be binding on this Court. Further, such findings would support the conclusions of…