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STATE v. CLYBURN

No. 248.

159 S.E.2d 868 (1968)

273 N.C. 284

STATE v. Kelly CLYBURN, Bobby McVay and Henry Fryer.

Supreme Court of North Carolina.

March 20, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard for the State.

William J. Richards, Jr., Charlotte, for defendant McVay.

T. O. Stennett, Charlotte, for defendant Fryer.

BRANCH, Justice.

APPEAL OF DEFENDANT McVAY.

Defendant McVay assigns as error the admission into evidence of his confession.

The test of admissibility of a defendant's confession is whether the statement was in fact made voluntarily. State v. Rogers, 233 N.C. 390, 64 S.E.2d 572, 28 A.L.R.2d 1104; State v. Gosnell, 208 N.C. 401, 181 S.E. 323. Whether the statement was made voluntarily...

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