People v. Fouts

This is an appeal from a judgment of conviction of burglary and from an order denying defendant’s motion for a new trial.

The first point made by appellant is that the trial court erred in receiving evidence of a confession of appellant, and this upon the ground that, as put in the brief, “the evidence clearly shows that such confession was involuntary.” We have examined the testimony bearing upon this question and there can be no doubt that there was a substantial conflict upon it. Under such circumstances it was the duty of the trial judge, in the first instance, to determine whether the…