STATE v. TAHASH

No. 40224.

152 N.W.2d 790 (1967)

STATE of Minnesota ex rel. Lee Jordan HERSHENHORN, Respondent, v. Ralph H. TAHASH, Warden Minnesota State Prison, Appellant.

Supreme Court of Minnesota.

August 25, 1967.


Attorney(s) appearing for the Case

Douglas M. Head, Atty. Gen., Gerard W. Snell, Sol. Gen., St. Paul, George Scott, County Atty., Theodore R. Rix, Asst. County Atty., Minneapolis, for appellant.

Thomas Malone, St. Paul, for respondent.


OPINION

FRANK T. GALLAGHER, Justice.

Appeal from an order of the District Court of Washington County granting petitioner a writ of habeas corpus. In granting the writ, that court stated:

"The procedure followed by the trial court in determining the voluntariness of the confession offered in evidence at the trial did not afford a reliable determination of whether or not the confession was voluntary and did not adequately protect petitioner's right...

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