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STATE v. SMALL

No. 36.

239 S.E.2d 429 (1977)

293 N.C. 646

STATE of North Carolina v. Ronald Earl SMALL.

Supreme Court of North Carolina.

December 15, 1977.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Roy A. Giles, Jr., Asst. Atty. Gen., Raleigh, for the State.

Robert E. Whitley, Kinston, for the defendant.

BRANCH, Justice.

Defendant's first assignment of error is that the trial judge erred in denying his motion to suppress defendant's in-custody statements because they were not understandingly and voluntarily made.

The unquestioned rule in this jurisdiction is that the ultimate test of the admissibility of a confession is whether the confession was, in fact, understandingly and voluntarily made. State v. Bishop, 272 N.C. 283

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