STATE v. STACK

No. 7126SC448.

182 S.E.2d 633 (1971)

12 N.C. App. 101

STATE of North Carolina v. Howard Jack STACK.

Court of Appeals of North Carolina.

August 4, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Deputy Atty. Gen. Ralph Moody and Asst. Atty. Gen., Jacob L. Safron, for the State.

Arthur Goodman, Jr., Levine, Goodman, Murchison & Wheeler, Charlotte, for defendant-appellant.


BROCK, Judge.

Defendant assigns as error the admission of evidence of his confession, on the ground that it was involuntarily given. His contention is that, since his prior statement as to a different crime had been involuntarily given, and he had continuously been in custody since that time, the present confession is tainted.

It is true, of course, that "* * where an accused has made an involuntary confession, any subsequent confession is presumed to proceed...

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