State v. Cross
Supreme Court of Connecticut
Indictment for murder in the first degree, brought to the Superior Court in Fairfield County and tried to the jury before Borabaek, J.; verdict and judgment of guilty, and appeal by tbe accused for alleged errors in the rulings and charge of the court. The finding states the following facts: The indictment charged the defendant with the murder of one Sarah C. King in the perpetration of the crime of rape.
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Indictment for murder in the first degree, brought to the Superior Court in Fairfield County and tried to the jury before Borabaek, J.; verdict and judgment of guilty, and appeal by tbe accused for alleged errors in the rulings and charge of the court. The finding states the following facts: The indictment charged the defendant with the murder of one Sarah C. King in the perpetration of the crime of rape. Upon the trial the State offered, as a declaration of the accused made on November 12th, 1899, the following statement signed by him: “ Statement of Charles Bertram Cross made to J. W.…
1Opinion of the CourtHaheksley, J.
The trial court, after hearing all the testimony as to the circumstances attending the declarations or admissions of the accused, finds that they were made freely and voluntarily, and that the defendant was not induced to make them by any threats, promises, or inducements made to him by any one. This finding is upon a preliminary question of fact; the conclusion is drawn from conflicting testimony and may be correct or incorrect according to the credit given to witnesses.
We cannot review such a finding. Whether under these circumstances the declarations should have been excluded, on the…
2Cases cited4 opinions
- State v. WillisSupreme Court of Connecticut · 1898
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- State v. DowdSupreme Court of Connecticut · 1849
- Smith v. StateSupreme Court of Connecticut · 1882
3Cited by22 opinions
- Rogers v. RichmondSupreme Court of the United States · 1961
- Jahnke v. StateWyoming Supreme Court · 1984
- State v. HaskinsSupreme Court of Connecticut · 1982
- Commonwealth v. DevereauxMassachusetts Supreme Judicial Court · 1926
- State v. ZukauskasSupreme Court of Connecticut · 1945
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