State v. Clyburn

Appeal of DEFENDANT McVay.

Defendant McYay assigns as error" the admission into evidence of his confession.

The test of admissibility of a defendant’s confession is whether the statement was in fact made voluntarily. State v. Rogers, 233 N.C. 390, 64 S.E. 2d 572; State v. Gosnell, 208 N.C. 401, 181 S.E. 323. Whether the statement was made voluntarily so as to be admissible before the jury is a question to be determined by the trial judge upon evidence presented to him in absence of the jury. State v. Outing, 255 N.C. 468, 121 S.E. 2d 847. It is a question of fact, to be determined by the jury…