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eBook details

• Title: Mccarson v. Maryland
• Author : Supreme Court of Minnesota
• Release Date : January 15, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

As in Edwards v. State, 7 Md. App. 108, the record here discloses that out of the presence of the jury the State produced evidence from which the trial judge could properly find that the statement was voluntarily obtained but did not produce the same evidence before the jury, as is customarily done. It produced evidence before the jury sufficient to show that the appellant had been advised of his rights under Miranda v. Arizona, 384 U.S. 436, and had waived them but adduced no evidence as to traditional voluntariness, that is that the statement was not obtained by force, violence, threats, inducements, or promises. Here, as in Edwards, the appellant made no objection to the introduction of the statement before the jury. We held in Edwards, at 113, that having failed to object, the matter was not properly before us for review. Edwards is dispositive of the question. We note that the appellant here produced no evidence on the issue of voluntariness and did not contradict or refute the evidence thereon adduced by the State, either before the court, with respect to the preliminary decision to be made by the judge, see Jackson v. Denno, 378 U.S. 368, or before the jury. He made no request for instructions on the issue and none were given.

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