State v. . Cruse
Supreme Court of North Carolina
INDICTMENT, for Lar cany, tried before Fu,r ches, J’, at Fall Term, 1875, of Iiosdell Superior Court. The State introduced one Sharpe to prove the declarations of the prisoner. The counsel for the prisoner objected to the admission of the evidence on the ground that they were improperly obtained.
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INDICTMENT, for Lar cany, tried before Fu,r ches, J’, at Fall Term, 1875, of Iiosdell Superior Court. The State introduced one Sharpe to prove the declarations of the prisoner. The counsel for the prisoner objected to the admission of the evidence on the ground that they were improperly obtained. Sharpe testified: That he was deputised to arrest the prisoner ; that lie fouad him at Damascus church, on Sunday night; the prisoner was standing outside the church, and the services were then going on ; lie arrested him and, for the purpose of preventing a disturbance of the congregation, he…
1Opinion of the CourtRodmaN, J.
An officer who arrests a person charged with crime, has a right to tie him, if he thinks it necessary to do so, either to prevent his escape or to prevent violence to himself or others' State v. Stalcup. 2 Ire. 50. From the fact that the officer tied the prisoner under the circumstances set forth, no inference can bo drawn of a purpose to frighten him so as to induce a confession. It is admitted law that the ■confessions of a prisoner cannot be received as evidence against him, unless it appears that they were made freely and without the inducement of hope or fear. If a person in authority…
2Cases cited1 opinion
- State v. . DavisSupreme Court of North Carolina · 1869
3Cited by3 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- State v. . SandersSupreme Court of North Carolina · 1881
- State v. . RogersSupreme Court of North Carolina · 1893