cure the later
ones."--324 U.S. 401, 420, 428-429 (1945).

[895] In Lyons _v._ Oklahoma, 322 U.S. 596, 601 (1944), the Court stated
that "when the State-approved instruction (to the jury) fairly raises
the question of whether or not the challenged confession was voluntary,
* * *, the requirements of due process, * * *, are satisfied and this
Court will not require a modification of local practice to meet views
that it might have as to * * * how specific an instruction * * * must
be." In Malinski _v._ New York, the four dissenting Justices declared
that "the trial court, * * *, instructed the jury that the evidence with
respect to the first confession was adduced only to show that the second
was coerced. And * * * that it could consider the second confession,
only if it found it voluntary, and that it could convict in that case.
In view of these instructions, we cannot say that the first confession
was submitted to the jury, or that in the absence of any exception or
request to charge more particularly, there was any error, of which the *
* * [accused] can complain."--324 U.S. 401, 437 (1945).

[896] The coercive nature of the first oral confession was apparently
acknowledged by the prosecuting attorney in his summation to the jury;
for he declared that the accused "was not hard to break," and that the
purpose of holding him _incommunicado_ and unclothed in a hotel room
from 8 a.m. to 6 p.m., when the confession was made, was to "let him
think that he is going to get a shellacking (beating)."--324 U.S. 401,
407 (1945).

[897] 332 U.S. 46, 56 (1947).

[898] 211 U.S. 78 (1908).

[899] 302 U.S. 319 (1937).

[900] Adamson _v._ California, 332 U.S. 46, 50, 53, 56, 58 (1947).

[901] Adamson _v._ California, 332 U.S. 46, 59-60, 63-64, 66 (1947).
_See also_ Malinski _v._ New York, 324 U.S. 401, 414, 415, 417 (1945).

[902] Adamson _v._ California, 332 U.S. 46, 69, 74-75, 89
(1947).--Dissenting separately, Justice Murphy, together with Justice
Rutledge, announced their agreement with Justice Black, subject to one
reservation. While agreeing "that the specific guarantees of the Bill of
Rights should be carried over intact into the first section of the
Fourteenth Amendment," they were "not prepared to say that the latter is
entirely and necessarily limited by the Bill of Rights. Occasions may
arise where a proceeding falls so far short of conforming to fundamental
standards of procedure as to warrant * * * condemnation in