Legal Opinion
State v. Drake
Supreme Court of North Carolina
Decided September 15, 1893PublishedCited by 15 opinions
Indictment for burglary, tiled at June Term, 1893, of Wilson Superior Court, before Shvford, J., and a jury. There was a verdict of guilty, and from the judgment thereon defendant appealed. The facls necessary to an understanding of the decision are stated in the opinion of Associate Justice Bukwjsll.
1Opinion of the Court
Bukwell, J.:
“ Thus much is certain that no confession by the prisoner is admissible which is made in consequence of any inducement of a temporal nature, having reference to the charge against the prisoner, held out by a person in authority.” 1 Roscoe Cr. Ev., p. 42. A witness for the State testified that while he was conveying the prisoner, from the place where he and others had arrested him to Elm City, where he was taken before a Justice, he said to the prisoner, then in his charge, “ If you are guilty, I would advise you to make an honest confession. It might be easier for you. It is plain…
2Cases cited2 opinions
- State v. . Joel LowhorneSupreme Court of North Carolina · 1872
- State v. . DrakeSupreme Court of North Carolina · 1880
3Cited by15 opinions
- Bram v. United StatesSupreme Court of the United States · 1897
- State v. CrankUtah Supreme Court · 1943
- State v. . AndersonSupreme Court of North Carolina · 1935
- State v. . MooreSupreme Court of North Carolina · 1936
- State v. AndersonSupreme Court of North Carolina · 1935
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