Legal Opinion

Shufflin v. State

Supreme Court of Arkansas

Decided March 13, 1916PublishedCited by 6 opinions

Appeal from Miller Circut Court; Geo R. Haynie, Judge; 1. Outside of the confessions of defendant there is no evidence whatever to sustain a conviction. The evidence as to the confession was not competent. The so called confession was not free and voluntary. Kirby’s Digest, ■§ 2385 ; 77 Ark. 581. 2. 'The instructions are erroneous.

Read the full summary

Appeal from Miller Circut Court; Geo R. Haynie, Judge; 1. Outside of the confessions of defendant there is no evidence whatever to sustain a conviction. The evidence as to the confession was not competent. The so called confession was not free and voluntary. Kirby’s Digest, ■§ 2385 ; 77 Ark. 581. 2. 'The instructions are erroneous. To warrant a conviction upon an extra judicial confession there must be independent evidence of the crime. 107 Ark. 581. Confessions of guilt to be admissible must be free from the taint of official inducement proceeding from either flattery of hope or the torture…

1Opinion of the Court

■Smith, J.

Appellant was convicted under an indictment 'Charging him with the larceny of a cow and calf, the property of one Charlie Miller, and by this appeal questions chiefly the admissibility of his alleged confession, and the 'Sufficiency of the evidence to sustain the conviction.(1) The confession was testified to by the sheriff, the jailer, the deputy prosecuting attorney and a constable. These officers testified that the confession was entirely free and voluntary and so, no doubt, they regarded it, yet the circumstances detailed by them are such that the record presents a close…

2Cases cited2 opinions

  1. Greenwood v. StateSupreme Court of Arkansas · 1913
  2. Yates v. StateSupreme Court of Arkansas · 1886

3Cited by6 opinions

  1. State v. BrowningSupreme Court of Arkansas · 1944
  2. Moore v. StateSupreme Court of Arkansas · 1958
  3. Henry v. StateSupreme Court of Arkansas · 1922
  4. Boone v. StateSupreme Court of Arkansas · 1959
  5. State v. CocklinSupreme Court of Vermont · 1938

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API