State v. Elwell

BURNETT, C. J.,

Dissenting. — The defendant was indicted for arson alleged to have been committed by burning a building belonging to another but occupied by himself as a tenant, in which he had an insured stock of merchandise. Involved is the defendant’s extrajudicial written confession of the commission of the crime charged, which was admitted in evidence. He was convicted, and appeals.

Section 1537, Or. L., reads thus:

“A confession of a defendant, whether in the course of judicial proceedings or to a private person, cannot be given in evidence against him, when made under the influence of…