Corley v. State
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Jambs F. Read, Special Judge. 1. Under the circumstances ^detailed in this case, the confession of appellant was not admissible in evidence. It was the result of threats, entreaty, promises of leniency, and protection by officers of the law. 15 N. Y. Ot. App., 384, The smallest inducement held out to the prisoner by those in authority, excludes the confession as not voluntary. Whart. Or.
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APPEAL from Logan Circuit Court. Jambs F. Read, Special Judge. 1. Under the circumstances ^detailed in this case, the confession of appellant was not admissible in evidence. It was the result of threats, entreaty, promises of leniency, and protection by officers of the law. 15 N. Y. Ot. App., 384, The smallest inducement held out to the prisoner by those in authority, excludes the confession as not voluntary. Whart. Or. Ev., note 1, p. 670 ; Ib., seos. 646, 671, 677; 22 Ark., 336. 2. The appellant was entitled to prove the influences operating on him to induce the confession. 43 Arle., 100;…
1Opinion of the Court
Cockrill, C. J,
The principal question in this case is as to the admissibility of the confession upon which the prisoner was convicted.
1 Convesions: Admissibility of Official indcement.
2. Same: Finding and conclusion of trial judge: practice on appeal. The rule is established in this state, in accord with the unvarying current of authority elsewhere, that a confes-«ion of guilt, to be admissible, must be free from the taint of official inducement, proceeding either “ from the flattery of hope or the torture of fear.” Austin v. State, 14 Ark., 555; Meyer v. State, 19 Id., 156; Butler v. State,…
2Cases cited5 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- People v. WolcottMichigan Supreme Court · 1883
- Owen v. StateSupreme Court of Alabama · 1885
- Commonwealth v. NottMassachusetts Supreme Judicial Court · 1883
- State v. PhelpsSupreme Court of Vermont · 1839
3Cited by14 opinions
- Davidson v. StateSupreme Court of Arkansas · 1913
- Hardin v. StateSupreme Court of Arkansas · 1898
- Trotter v. StephensDistrict Court, E.D. Arkansas · 1965
- State v. ParsonsWest Virginia Supreme Court · 1930
- Smith v. StateSupreme Court of Arkansas · 1905
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