Sam v. State
Mississippi Supreme Court
Error to Holmes circuit court. Henry, J. 1. The circuit court erred in admitting the confessions of the prisoner to John A. Durden, his master, that he burnt the gin, to go to the jury. For a master cannot give evidence of the confessions of his slave to him, because, from the relations existing between them, the slave is always presumed to be under the influence and coercion of the master.
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Error to Holmes circuit court. Henry, J. 1. The circuit court erred in admitting the confessions of the prisoner to John A. Durden, his master, that he burnt the gin, to go to the jury. For a master cannot give evidence of the confessions of his slave to him, because, from the relations existing between them, the slave is always presumed to be under the influence and coercion of the master. State v. Charity, 2 Dev., 543; Wheeler on Slavery, 214. 2. The corpus delicti, or felonious burning of the gin, was not proven by any other evidence than the confessions of the slave to the master, which,…
1Opinion of the Court
Handy, J.:
The plaintiff in error was indicted and convicted in the court below of burning a gin and cotton-house, Contrary to the statute ; and the case is brought here for review upon two grounds of error.
1st. The master of the slave was offered as a witness in behalf of the state, and for the purpose of proving confessions by the prisoner of his guilt. The witness testified that the prisoner was taken up about sixty miles from the place where the burning took place, and two or three days thereafter. That when the witness got possession of him, he chained his legs together, and brought him…
2Cited by11 opinions
- Dycus v. StateMississippi Supreme Court · 1983
- Carlton v. PeopleIllinois Supreme Court · 1894
- State v. RogowayOregon Supreme Court · 1904
- Meyers v. CommonwealthCourt of Appeals of Kentucky · 1922
- Poole v. StateMississippi Supreme Court · 1963
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