State v. Armstrong

STRUCKMEYER, Justice.

In deciding this case, State v. Armstrong, 103 Ariz. 174, 438 P.2d 411, we routinely remanded for determination by the trial judge-the voluntariness of an asserted confession: in accordance with our decision in State v. Simoneau, 98 Ariz. 2, 401 P.2d 404. Defendant now, in his motion for rehearing,, urges that, since we decided the trial judge-should have resolved the question of voluntarines's, it was fundamental error not to-have had the jury at the trial pass upon the same question. A re-examination of the-record has lead us to certain conclusions, which we think are…