California, United States of America
The following excerpt is from People v. Bauer, 241 Cal.App.2d 632, 50 Cal.Rptr. 687 (Cal. App. 1966):
Assuming that when an incriminating statement is sought to be introduced, the trial judge should make a primary determination of admissibility and the question must then be submitted to the jury under appropriate instructions (see People v. Schader, supra, 62 Cal.2d 716, 44 Cal.Rptr. 193, 401 P.2d 665), the point is not available to appellant for the reason that the request of his trial counsel that 'post arrest statements' be admitted in evidence and his stipulation that the reported verbatim statement given by the defendant to the district attorney be read into evidence, removed from the case all possible issues relating to admissibility of those statements. There was thus no issue of fact to be submitted to the jurors, and no instruction was required.
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