State v. Berberick
Montana Supreme Court
Appeal from District Cout't, Deer Lodge County; Geo. B. Winston, Judge. John Berberick was convicted of murder, and appeals from the judgment and an order denying a new trial. There can be no question but what, under the circumstances surrounding this confession, it was made both under the influence of the flattery of hope and the coercion of fear, and that therefore it was clearly inadmissible. (Bram v. United States, 168-TJ. S. 532, 18 Sup.
Read the full summary
Appeal from District Cout't, Deer Lodge County; Geo. B. Winston, Judge. John Berberick was convicted of murder, and appeals from the judgment and an order denying a new trial. There can be no question but what, under the circumstances surrounding this confession, it was made both under the influence of the flattery of hope and the coercion of fear, and that therefore it was clearly inadmissible. (Bram v. United States, 168-TJ. S. 532, 18 Sup. Ct. 183, 42 L. Ed. 568; Brown v. Walker, 161 U. S. 591, 16 Sup. Ct. 644, 40 L. Ed. 819; Territory v. McClin, 1 Mont. 394; Territory v. Underwood, 8…
1Opinion of the CourtJustice Smith
The state of Montana accused the above-named defendant and one Frank Carpenter of the crime of murder. Separate trials were demanded, and this defendant was convicted of murder in the second degree. He appeals from the judgment of conviction and also from an order denying him a new trial.
At the time of the commission of the alleged offense Berberick was about eighteen and Carpenter fifteen years of age. On January 14, 1907, the dead body of John Johnson was found near the manure pile at the ranch of George Parrott, about seven miles east of the city of Anaconda. Tracks were found in the snow…
2Cases cited25 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Sparf v. United StatesSupreme Court of the United States · 1895
- Wilson v. United StatesSupreme Court of the United States · 1896
- District of Columbia v. ArmesSupreme Court of the United States · 1883
20 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Redwine v. StateSupreme Court of Alabama · 1952
- State v. WhiteMontana Supreme Court · 1965
- State v. MorrisOregon Supreme Court · 1917
- McAffee v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- State v. KernsNorth Dakota Supreme Court · 1924
24 more not listed; retrieve them via the Exa API.