¶1concurring in result. In S. v. Livingston, 202 N.C. 809, 164 S.E. 337, the confession of the defendants was made after the statement -to them that the chances were it would be lighter on them, if they would say they got the property. A new trial was awarded.
¶2In S. v. Thompson, 227 N.C. 19, 40 S.E. 2d 620, the officers testified they told Covington: “ Tt would be better to go on and tell us the truth than try to lie about it. . . .; it would be better to come on and tell the truth.’ ” The Court said it could not be held as a matter of law that the confession made after such a statement by the officers made the confession inadmissible.
¶3In S. v. Thompson, 887 N.C. 19, 40 S.E. 2d 620, the officers testi-the officers to the defendant was: “if he told us anything to tell the truth, if he would not tell the truth, not to tell anything at all.” The Court held the confession of the defendant made thereafter admissible.
¶4In the instant case the officer told the defendant: “I thought it would be better if he would go ahead and tell us what had happened.”
¶5It is to be noted that in the Livingstoncase the suggestion was that the defendants confess their guilt, and in the Thompson and Thomas cases and in the instant case the suggestion was, in substance, to tell the truth, not to confess.
¶6In S. v. Thompson, supra,the Court said: “The rule generally approved is, that ‘where the prisoner is advised to tell nothing but the truth . . . , his confession ... , is admissible.’ ”
¶7The assignment of error challenging the admissibility of the confession does not come too late, because the question raised by the defendant as to the voluntariness of the confession appears from the State’s evidence. S. v. Anderson, 208 N.C. 771, 783, 182 S.E. 643, 650; S. v. Gibson, 216 N.C. 535, 5 S.E. 2d 717.
¶8The Court said in S. v. Biggs, 224 N.C. 23, 29 S.E. 2d 121: “It is conceded that if the evidence in respect of the voluntariness of the statements were merely in conflict, the court’s determination would be conclusive on appeal. S. v. Hairston, 222 N.C. 455, 23 S.E. 2d 885; S. v. Smith, 221 N.C. 400, 20 S.E. 2d 360; S. v. Whitener, 191 N.C. 659, 132 S.E. 603; S v. Christy, 170 N.C. 772, 87 S.E. 499; S. v. Page, 127 N.C. 512, 37 S.E. 66; S. v. Burgwyn, 87 N.C. 572. Equally *764well established, however, is the rule that ‘w¡hat facts amount to such threats or promises as make 'confessions not voluntary and admissible in evidence is a question of law, and the decision of the judge in the court below nan be reviewed by this Court.’ S. v. Andrew, 61 N.C. 205; S. v. Manning, 221 N.C. 70, 18 S.E. 2d 821; S. v. Crowson, 98 N.C. 595, 4 S.E. 143.”
¶9Whether the 'Statement of the officer to the defendant made the confession involuntary and inadmissible in 'evidence is a question of law, 'and the ruling of the court below is reviewable by this Court. In my opinion, it cannot be held.as a matter of law that the statement of the officer to the defendant here, which was, in substance, to tell the truth, and nothing more, made his confession involuntary and inadmissible in evidence. I concur in the result.