Collins v. Commonwealth

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court.:-

The two assignments of error above noted raise the following points for decision, which will be disposed of in their order as stated below.

1. It is urged in behalf of the accused that his statement before the justice of the peace that “he wanted to plead guilty to the charge” was not a judicial confession, since it was not before a court competent to try the pending prosecution.

This position is well taken. Wharton’s Cr. Ev. (9th ed.),. sec. 638. Such statement, therefore, could not have- been relied…