State v. Foster

In a joint jury trial, defendant Foster and Cleon Montgomery were convicted of robbery. They were represented by the same counsel and we reversed the judgment as to Montgomery (State v. Montgomery, 182 Neb. 737, 157 N. W. 2d 196), because of denial of effective counsel stemming from Foster’s confession implicating Montgomery and error in failing to grant severance.

Foster claims his confession was involuntary and should not have been admitted because of inadequate foundation for voluntariness. The affirmative evidence supporting the finding of voluntariness must show the confession was freely…