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DANAHEY v. STATE

No. 73-1230.

298 So.2d 444 (1974)

Leo Francis DANAHEY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 28, 1974.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Kenneth J. Scherer, Asst. Public Defender, and Leon St. John, Legal Intern, West Palm Beach, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Stephen R. Koons, Asst. Atty. Gen., West Palm Beach, for appellee.

DOWNEY, Judge.

The question involved here is whether the trial court found appellant's confession to be voluntary with "unmistakable clarity" as required by McDole v. State, Fla. 1973, 283 So.2d 553, which in turn was based upon Sims v. Georgia, 385 U.S. 538, 87 S.Ct. 639, 17 L.Ed.2d 593 (1967).

At the close of the hearing on appellant's motion to suppress, the trial judge stated: "I am going...

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