Legal Opinion

State v. . Joel Lowhorne

Supreme Court of North Carolina

Decided January 5, 1872PublishedCited by 18 opinions

This was an indictment for robbery, tried before His Honor .Judge Watts, at Fall Term, 1811, of the Superior Court of Johnston county. On the trial the State proposed to introduce in evidence thq confessions of the prisoner made during Fall Term, 1810, to one Porter. The defendant objected and offered to show that previously to that time tbe prisoner bad been induced to make confessions in consequence of a promise to him not to be prosecuted for ■the offence, if he did.

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This was an indictment for robbery, tried before His Honor .Judge Watts, at Fall Term, 1811, of the Superior Court of Johnston county. On the trial the State proposed to introduce in evidence thq confessions of the prisoner made during Fall Term, 1810, to one Porter. The defendant objected and offered to show that previously to that time tbe prisoner bad been induced to make confessions in consequence of a promise to him not to be prosecuted for ■the offence, if he did. His Honor being pf opinion that, assuming such to be the. case, it would not have the legal effect to exclude the evidence…

1Opinion of the CourtBoydKN, J.

In this case the only question for our decision is as to the adrnissability of the confessions of the defendant.

The case as made is somewhat obscure]}’stated ; but we take ii that the defendant had first been induced to confess under the confident belief that if ho did confess lie’ would not be prosecuted. And this being so, the question is, whether a subsequent statement of the facts of the case, made secretly to the witness was admissible. There being no evidence to show that the same motives that induced the defendant to make tlip first statement, were not still the operative motives to…

2Cited by18 opinions

  1. State v. PruittSupreme Court of North Carolina · 1975
  2. State v. . MooreSupreme Court of North Carolina · 1936
  3. State v. . LivingstonSupreme Court of North Carolina · 1932
  4. State v. MooreSupreme Court of North Carolina · 1936
  5. Coffee v. StateSupreme Court of Florida · 1889

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