UNITED STATES SUPREME COURT DECISIONS ON-LINE

SIMS V. GEORGIA, 385 U. S. 538 (1967)

385 U. S. 538

U.S. Supreme Court

Sims v. Georgia, 385 U.S. 538 (1967)

Sims v. Georgia

No. 251

Argued December 6-7, 1966

Decided January 23, 1967

385 U.S. 538

Syllabus

Where petitioner timely raised the issue of voluntariness of his confession, the testimony on the point was conflicting, and the trial judge failed to rule on the matter, but left the question solely to the jury,

Held: reversed and remanded for a hearing in accordance with the rule in Jackson v. Denno, 378 U. S. 368. The trial judge need not make formal findings of fact or write an opinion, but it must clearly appear from the record that he made a primary finding of voluntariness before the confession was introduced into evidence before the jury. Pp. 385 U. S. 542-544.

221 Ga. 190, 144 S.E.2d 103, reversed and remanded.


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