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WALLACE v. STATE

No. 6804.

501 P.2d 1036 (1972)

Robert William WALLACE, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 16, 1972.

Attorney(s) appearing for the Case

H. Dale Murphy, Public Defender and Michael R. Specchio, Deputy Public Defender, Reno, for appellant.

Robert List, Atty. Gen., Carson City, Robert E. Rose, Dist. Atty., and Kathleen M. Wall, Deputy Dist. Atty., Reno, for respondent.

OPINION

THOMPSON, Justice:

By a split decision, the Court of Appeals for the Ninth Circuit remanded this case to the state district court for an evidentiary hearing on the voluntariness of a confession given by Wallace to the police, or in lieu thereof, a new trial. Wallace v. Hocker, 441 F.2d 219 (9 Cir.1971). The federal appellate court believed that the trial record did not show with "unmistakable clarity," Sims v. Georgia...

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