Opinion
Submitted October 3, 1955
Decided October 13, 1955
Motion by defendant Ricco to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: A question under the Federal Constitution was presented and necessarily passed upon by the Court of Appeals, viz.: The defendant Ricco argued that the denial of his application, made at the time his alleged confession was offered in evidence, for a preliminary hearing on the issue of whether such confession was induced by threats, constituted a denial of due process and a violation of his rights under the Fourteenth Amendment to the Federal Constitution. This court held that the denial of the application for a preliminary hearing was not a denial of due process or a violation of said defendant's rights under the Fourteenth Amendment to the Federal Constitution.