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eBook details

• Title: Dempsey V. Maryland
• Author : Court Of Appeals Of Maryland
• Release Date : January 03, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

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 the jury that during its absence the court had heard testimony concerning the voluntary nature of a statement allegedly made by Dempsey, that the jury would hear the same testimony, that the court "has found by a preponderance of the evidence that the statement was voluntary" and that "it was a voluntary statement in every regard." The court went on to tell the jury that the ultimate determination of voluntariness was for the jury, and that if the jury found that Dempsey's statement was voluntary and should be believed, then the jury should give the statement whatever weight it deserved. The question before us is whether, under the circumstances of this case, the portion of the trial judge's instruction concerning the court's finding of voluntariness constituted reversible error. We held that reversible error was committed, and that Dempsey is therefore entitled to a new trial.

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