WADE, Justice.
Defendant, Ray Dempsey Gardner, appeals from a conviction of murder in the first degree and death sentence. He claims such conviction is invalid because his confession, made while he was in custody and when he was not promptly taken before a magistrate, was used as evidence against him. He makes no claim that the confession was coerced or involuntary but contends that it was prejudicial error to use such confession, made while he was being held and...
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