Cahill v. People

I regard the reception of “defendant’s confession” in evidence under the circumstances presented, as gravely *40erroneous. The court opinion recites: “Counsel for defendant objected to the admission of the confession on the ground that it was involuntary, and requested a preliminary inquiry out of the presence of the jury with respect thereto.” The objection was overruled and the request denied. Thwarted below, defendant emphasizes the point on error.

In Osborn v. People, 83 Colo. 4, 29, 262 Pac. 892, 901, Mr. Justice Butler said: “This court, on repeated occasions, has said that, to be…