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STATE v. FUQUA

No. 824.

152 S.E.2d 68 (1967)

269 N.C. 223

STATE v. Jerry Arnold FUQUA.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Herbert F. Pierce, Graham, for defendant.

BRANCH, Justice.

Appellant assigns as error the ruling of the court below that the confession allegedly made by defendant to officer Cook was voluntary.

"When the State proposes to offer in evidence the defendant's confession or admission, and the defendant objects, the proper procedure is for the trial judge to excuse the jury, and, in its absence, hear the evidence, both that of the State and that of the defendant, upon the question of the voluntariness...

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