Jones v. State

I dissent. State v. Swift, 232 Ga. 535 (207 SE2d 459) (1974), and its "any evidence rule,” are not applicable in this case; instead, the proper standard for review is the "clearly erroneous” test. Though there is "any evidence” which would support the determination of voluntariness, an examination of all the evidence and the totality of the circumstances shows that the determination of voluntariness was "clearly erroneous.” I conclude, then, that the confession was improperly admitted and the appellant should be afforded a new trial.

In Division 3 of its opinion, the majority suggests that the…