Legal Opinion

State v. Nelson

Supreme Court of Louisiana

Decided May 15, 1848PublishedCited by 10 opinions

APPEAL from a judgment rendered by a tribunal for the trial of slaves, organized under the stat. of 1 June, 1846, in the parish of St. James. This case was argued ex parte by The decision of the case depends on a correct application of two cardinal principles of the law of evidence relating to confessions of guilt; one of which is that the confession must be free and voluntary, and “before it is received in evidence in a criminal case must be shown to have been such.”

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APPEAL from a judgment rendered by a tribunal for the trial of slaves, organized under the stat. of 1 June, 1846, in the parish of St. James. This case was argued ex parte by The decision of the case depends on a correct application of two cardinal principles of the law of evidence relating to confessions of guilt; one of which is that the confession must be free and voluntary, and “before it is received in evidence in a criminal case must be shown to have been such.” Greenleaf on Evidence. § 219, vol. 1, p. 263. “ A free and voluntary confession,” said Eyre, O. B. in WarickshaU’s case, “is…

1Opinion of the Court

The judgment of the court-was pronounced by

King, J.

The appellants, who are slaves, were tried for the crime of murder, by a tribunal organized .under the act of 1846, ('Acts, p. 114,j) and found guilty. From the judgment pronounced upon that conviction, they have appealed.

The questions which arise are presented in bills of exception to the opinion of the inferior tribunal, receiving in evidence the confessions of guilt made by the accused, which -were objected .to on the trial, as not having been free and voluntary, but made under the exercise of improper influences on the -minds of the…

2Cited by10 opinions

  1. State v. HauserSupreme Court of Louisiana · 1904
  2. State v. Ellis.Supreme Court of Louisiana · 1945
  3. Tyler v. LewisSupreme Court of Louisiana · 1918
  4. State v. Van WinkleNevada Supreme Court · 1871
  5. State v. AlexanderSupreme Court of Louisiana · 1903

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