In Jackson v. Denno (1964) 378 U.S. 368, the Supreme Court held unconstitutional the New York practice whereby a confession was submitted to a jury for its determination of voluntariness without the trial judge having first satisfied himself it was voluntary. The opinion recognizes that some states followed the "orthodox" rule where the judge solely and finally determined the voluntariness of the confession, and some states followed the "Massachusetts" procedure where the jury passes on voluntariness only after the judge has independently resolved the issue against the accused. There is little room for doubt that the Supreme Court classified the California practice as being the "Massachusetts" procedure. An appendix to the separate opinion of Mr. Justice Black appends a table, which lists California in the "Massachusetts" category. (Id. at p. 418.) The majority opinion has an appendix listing states where it is unclear whether the Massachusetts or New York procedure is used. (Id. at p. 379, fn. 9.)