Owen v. State
Supreme Court of Alabama
From the Circuit Court of Lawrence. Tried before the lion. II. O. Speaks. The indictment in this case charged that the defendant, Abner Owen, “with intent to steal, broke into and entered a store-house, the property of Reason Young, in which goods, wares and merchandise were at the time kept, for use, deposit, or sale.”
Read the full summary
From the Circuit Court of Lawrence. Tried before the lion. II. O. Speaks. The indictment in this case charged that the defendant, Abner Owen, “with intent to steal, broke into and entered a store-house, the property of Reason Young, in which goods, wares and merchandise were at the time kept, for use, deposit, or sale.” On the trial, as the bill of exceptions shows,- issue being joined on the plea of not guilty, Reason Young, the owner of the house broken into, testified to the condition in which he found his store at daylight in the morning after the burglary; also, that goods had been…
1Opinion of the CourtStone, C. J.
The rule is clearly settled in Alabama, as elsewhere, that confessions can not be given in evidence against a person charged with crime, until they are first shown to the satisfaction of the court to have been voluntarily made. Any, the slightest menace, or threat, or any hope engendered or en- ■ couraged that the prisoner’s case will be lightened, meliorated, or more favorably dealt with, if he will confess — either of these is enough to exclude the confession thereby superinduced. Any words spoken in the hearing of the prisoner, which may, in their nature, generate such fear or hope, render…
2Cases cited11 opinions
- Stein v. BowmanSupreme Court of the United States · 1839
- Brister v. StateSupreme Court of Alabama · 1855
- Redd v. StateSupreme Court of Alabama · 1881
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Kelly v. StateSupreme Court of Alabama · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. LoperCalifornia Supreme Court · 1910
- Burns v. StateSupreme Court of Alabama · 1932
- Curry v. StateSupreme Court of Alabama · 1919
- Womack v. StateSupreme Court of Alabama · 1967
- Ex Parte WeeksSupreme Court of Alabama · 1988
32 more not listed; retrieve them via the Exa API.