State v. Almy
Supreme Court of New Hampshire
- Indictment, for murder. The defendant pleaded guilty, and the question of degree was determined by the court in pursuance of Gen. Laws, c. 282, s. 8. Murder was admitted. The only question was whether it was of the first or the second degree; ■and' it was found to be of the first degree.
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- Indictment, for murder. The defendant pleaded guilty, and the question of degree was determined by the court in pursuance of Gen. Laws, c. 282, s. 8. Murder was admitted. The only question was whether it was of the first or the second degree; ■and' it was found to be of the first degree. After judgment the defendant objected, and moved for a new trial, on the ground that the determination of the degree by the court was legal error because his right to have the question of degree tried by jury cannot be waived, and that the statute is unconstitutional.
1Opinion of the CourtBlodgett, J.
In criminal proceedings, a confession of the .offence by the party charged hy a plea of guilty is the highest kind of conviction of which the case admits (2.Hawk. P. C., c. 81, s. 1; 2 Hale P. C. 225; 4 Bl. Com. 362), and subjects him to precisely the same punishment as if he were tried and found guilty hy verdict. T Arch. Cr. Prac. and PI. 110. And the effect- of a confession being to supply the want of evidence (Rex v. Hall, 1 T. R. 320), it is an admission of every material fact well pleaded in the indictment, and authorizes the court having jurisdiction of the offence to proceed to…
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