Pece v. Cox

The only new issue presented in this case and not passed upon in previous habeas corpus proceedings is related to whether petitioner’s statement or confession introduced at his trial, had been ruled to have been voluntarily given by the trial judge before it was admitted in evidence, or did the trial judge leave this issue to the jury.

Petitioner relies on Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977. However, we are impressed that the proper rule to be applied is that announced in Crooker v. California, 357 U.S. 433, 78 S.Ct. 1287, 2 L.Ed.2d 1448, distinguished in…