DEMPSEY v. STATE

[No. 21, September Term, 1975.]

277 Md. 134 (1976)

355 A.2d 455

DEMPSEY v. STATE OF MARYLAND

Court of Appeals of Maryland.

Decided March 3, 1976.


Attorney(s) appearing for the Case

Victoria A. Salner, Assistant Public Defender, with whom were Alan H. Murrell, Public Defender, and Geraldine Kenney Sweeney, Assistant Public Defender, on the brief, for appellant.

Albert Gallatin Warfield, III, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.


ELDRIDGE, J., delivered the opinion of the Court.

In the course of petitioner Dempsey's trial on charges of breaking and entering and grand larceny, the State offered in evidence Dempsey's alleged confession admitting the commission of the crimes, and Dempsey objected on the ground that the statement was not voluntary. The trial judge then conducted a hearing on the voluntariness of the confession out of the jury's presence. After the hearing, the trial judge instructed...

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