Green v. State
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. John Green ivas convincted of murder and he appeals.
Read the full summary
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. John Green ivas convincted of murder and he appeals. John Price, a witness testifying for the state said that he saw John Green at a certain place on the day of the killing, and that John Green made certain statements to him relative thereto and that neither witness nor anyone else made any threats to Green or offered him any reward or made him any promise to indnce him to say anything or make any statement. Confessions are presumed to be involuntary and the contrary must be clearly shown. — Young v. The State, 68 Ala. 569;…
1Opinion of the CourtDowdell, C. J.
The ruling of the trial court in the admission of evidence of the defendant’s confession was free from error. The proper predicate by preliminary examination of the witness was laid, showing that the statements testified to as having been made by the defendant were free and voluntary. Nor do we think that the conditions surrounding the defendant at the time of his statements were such as to induce the conclusion or belief that his statements were not voluntary.
In Spicer v. State, 69 Ala. 159, it was ruled that in capital cases the statute, requiring the service of a copy of the indictment on…
2Cases cited1 opinion
- Spicer v. StateSupreme Court of Alabama · 1881
3Cited by5 opinions
- Whittle v. StateSupreme Court of Alabama · 1921
- Green v. StateSupreme Court of Alabama · 1910
- McCaghren v. StateSupreme Court of Alabama · 1974
- Monk v. StateSupreme Court of Alabama · 1953
- St. John v. StateCourt of Criminal Appeals of Alabama · 1978