US SUPREME COURT DECISIONS

The Federal District Court granted respondent's petition for a writ of habeas corpus, holding that a hearing of testimony by the state trial court, in the jury's presence, regarding the voluntariness of an incriminating statement sought to be introduced by the prosecution, violated respondent's constitutional rights. The Court of Appeals affirmed. Respondent had not objected to the procedure, and, after the evidence regarding voluntariness had been heard, the court had ruled the statement voluntary.

Held: Previous cases in this Court have not determined that voluntariness hearings must necessarily be held out of the jury's presence, and where, as here, respondent's counsel consented to the procedure used, and the judge found the statement voluntary, respondent was deprived of no constitutional right.

Certiorari granted; 374 F.2d 472, reversed and remanded.