State v. . Houston
Supreme Court of North Carolina
Evidence — Confessions. INDICTMENT for Larceny tried at Fall Term, 1876, of Guil-EoRD Superior Court, before Kerr, J. The confessions of the defendant were proved by the State as having been made under the following circumstances: The witness (a Deputy Sheriff) accompanied by three other persons, arrested the defendant near the city of Greensboro about 9 o’clock at night and carried him before a Justice of the Peace about a mile from the place of arrest.
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Evidence — Confessions. INDICTMENT for Larceny tried at Fall Term, 1876, of Guil-EoRD Superior Court, before Kerr, J. The confessions of the defendant were proved by the State as having been made under the following circumstances: The witness (a Deputy Sheriff) accompanied by three other persons, arrested the defendant near the city of Greensboro about 9 o’clock at night and carried him before a Justice of the Peace about a mile from the place of arrest. While on the way and after four other j ersons had joined them, the prisoner confessed that he took the goods alleged to have been stolen.…
1Opinion of the CourtReade, J.
To make a man “the instrument of his own conviction,” as Mr. Hawkins expresses it, is always repul sive. To pluck a secret from his own breast, to wing a shaft to slay him, although he may deserve to be slain, is cruel. It is only that sort of confession which comes of penitence and is voluntary which ought to be allowed to convict. And. this sort of confession after it is allowed to convict ought to be allowed to mitigate punishment — because it is a virtue.
We can judge of the inducements to a confession in any given case only from circumstances. If there be threats of harm or promises of…
2Cited by4 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- State v. . HowardSupreme Court of North Carolina · 1885
- United States v. EbbsDistrict Court, W.D. North Carolina · 1881
- United States v. EbbsDistrict Court, W.D. North Carolina · 1881