STATE v. MAY

No. 823.

152 S.E.2d 72 (1967)

269 N.C. 300

STATE v. Floyd MAY.

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.

John D. Xanthos, Burlington, for defendant.


PER CURIAM.

Defendant in this action was indicted and tried at the same time and upon the same bill of indictment as Jerry Arnold Fuqua (State v. Fuqua). The decisive facts in the instant case and in State v. Fuqua are the same. Upon authority of State v. Fuqua, decided this day, and cases therein cited, we hold that the confession made by defendant to officer Cook was involuntary. Since it was error to admit the confession into evidence, there must be a

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