STATE v. WILSON

No. 1289.

95 Ariz. 58 (1963)

386 P.2d 655

STATE of Arizona, Appellee, v. Billy Ray WILSON, Duane Hendricks Mabberly and Lawrence Hendricks, Appellants.

Supreme Court of Arizona. In Division.

November 13, 1963.


Attorney(s) appearing for the Case

Robert W. Pickrell, Atty. Gen., William E. Eubank, Chief Asst. Atty. Gen., Charles N. Ronan, County Atty., for appellee.

Murray Miller, Phoenix, for appellants.


BERNSTEIN, Chief Justice.

Appellants were joint defendants and prosecuted for first degree burglary. All three were convicted.

Defendants contend that fundamental error was committed in the trial. They argue that when a written confession has been admitted into evidence it is the responsibility of the trial court to charge the jury as to their duty in considering both the truth of the confession and its voluntariness. We have held that fundamental error occurs...

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