Newman v. State
Supreme Court of Alabama
From the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. The indictment in this case charged that the prisoner, “ Thomas, alias Tom Newman, broke into and entered the store of J. D. Freeman & Co., which said firm was composed of J. D. Freeman and Ephraim Oates, and in which said store merchandise of value was and is kept for use, sale, or deposit, with intent to steal.”
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From the Circuit Court of Henry. Tried before the Hon. J. McCaleb Wiley. The indictment in this case charged that the prisoner, “ Thomas, alias Tom Newman, broke into and entered the store of J. D. Freeman & Co., which said firm was composed of J. D. Freeman and Ephraim Oates, and in which said store merchandise of value was and is kept for use, sale, or deposit, with intent to steal.” “ On the trial,” as the bill of exceptions states, “the State introduced J. D. Freeman as a witness, who testified in substance as follows: The firm of J. D. Freeman & Co. is composed of Ephraim Oates and…
1Opinion of the CourtPeck, C. J.
— Before any confession can be received in evidence in a criminal case, it must be shown that it was voluntary. 1 Greenlf. Ev. § 219. A confession obtained from an accused person, in the custody of his accusers, “ by the flattery of hope, or the torture of fear,” is not, in contemplation of law, voluntary, and should not be received as evidence of guilt, and no credit ought to be given to it. The books are full of examples and instances, showing us in what cases confessions have been held to be inadmissible, as not voluntarily made. Thus, where the constable who arrested the prisoner said to…
2Cited by8 opinions
- Curry v. StateSupreme Court of Alabama · 1919
- Byler v. StateSupreme Court of Arkansas · 1946
- Oberhaus v. State ex rel. McNamaraSupreme Court of Alabama · 1911
- Collins v. HammockSupreme Court of Alabama · 1877
- Stapler v. StateSupreme Court of Alabama · 1962
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