Nebraska Supreme Court April 20, 1972, No. 38099 (State v. McDonald)

Spencer, J.,

dissenting.

I respectfully dissent to the court’s failure, on the motion for rehearing, to consider the State’s challenge to the requirement in NJI No. 14.52 which requires that a jury must find beyond a reasonable doubt that a defendant’s confession was freely, voluntarily, and intelligently made. This instruction is based upon an •erroneous statement in Parker v. State, 164 Neb.