Yak Voorhis, J. (dissenting). I concur in the dissent of Judge Burke, and mainly for the reasons which he has stated in his dissenting opinion. The test of admissibility of Donovan’s confession is' its voluntariness, as Judge Burke points out, rather than an absolute rule that in all instances one must have an attorney before being questioned where that occurs before criminal charges have been preferred. Questioning without a lawy…
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