State v. Alston

HEDRICK, Judge.

In his first assignment of error the defendant contends that the trial court erred in “failing to find facts upon which to base its conclusions after conducting three voir dire examinations.” The first voir dire hearing to which the defendant refers was conducted upon the defendant’s objection to the admission of testimony recounting the incriminating statements made by defendant as he entered the hospital with his wife.

It is a firmly established rule that when the defendant objects to the introduction of an in-custody confession, “the trial judge must conduct a voir dire…