STATE v. HAMER

No. 363.

81 S.E.2d 193 (1954)

240 N.C. 85

STATE v. HAMER.

Supreme Court of North Carolina.

April 7, 1954.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Ralph Moody, Asst. Atty. Gen., for the State.

Russell J. Lanier, Beulaville, and Norwood Boney, Kenansville, for the prisoner.


ERVIN, Justice.

The prisoner insists initially that he is entitled to a new trial because the trial judge erred in admitting his second extrajudicial statement in evidence. He bases this contention on the theory that all the evidence adduced on the preliminary inquiry showed this statement to be involuntary in character.

We accept as valid the definition of Dean Wigmore, the great master of the law of evidence, that "a confession is an acknowledgment in express...

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