State v. Wilson

BROCK, Chief Judge.

By his first assignment of error defendant challenges the admissibility of the testimony of Officer Frye concerning the statement made to Frye by the defendant. Defendant contends that the only evidence presented at voir dire as to defendant’s waiver of counsel indicated that he had requested the presence of counsel and therefore had failed to waive his right to counsel. Thus, argues defendant, the trial court erred in finding that his statement was freely and voluntarily given.

Defendant’s assignment of error is sustained for the reason that the trial judge failed to make a…