Ellis v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. Moses Ellis was indicted and tried for arson. On the trial the State introduced in evidence the confessions of the defendant. The defendant adduced evidence before the jury which tended to show that the confessions were given under the influence of threats and fear.
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Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. Moses Ellis was indicted and tried for arson. On the trial the State introduced in evidence the confessions of the defendant. The defendant adduced evidence before the jury which tended to show that the confessions were given under the influence of threats and fear. After all the evidence was in, the defendant moved to exclude the confessions on the ground that they were extracted by the use of undue influence. The court refused to exclude them. The bill of exceptions shows that in the argument “ counsel for the…
1Opinion of the CourtArnold, J.
Before a confession is received in evidence against a defendant in .a criminal trial, it should be shown that it was voluntary, that is to say, made without the infltience of hope or fear being exerted on the accused by any other person. Whether it was so made or not, is .a preliminary matter for the court and not for the jury to determine. The jury have nothing to do with the competency of evidence; that is a question exclusively for the determination of the court. The •court should decide in the first place, after investigation, whether .a proposed confession shall be heard by the jury or…
2Cases cited3 opinions
- Brister v. StateSupreme Court of Alabama · 1855
- Simmons v. StateMississippi Supreme Court · 1883
- Garrard v. StateMississippi Supreme Court · 1874
3Cited by48 opinions
- The People v. FoxIllinois Supreme Court · 1925
- Harvey v. StateMississippi Supreme Court · 1968
- Harden v. StateMississippi Supreme Court · 2011
- Murphy v. United StatesCourt of Appeals for the Seventh Circuit · 1923
- Rhone v. StateMississippi Supreme Court · 1971
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