Legal Opinion

Murphy v. State

Supreme Court of Alabama

Decided December 15, 1879PublishedCited by 25 opinions

From the Circuit Court of Dallas. Tried before tbe Hon. Geo. H. Craig. Tbe indictment in this case, which was found at tbe November term of said court, 1879, charged that tbe defendant, “ Daniel Murphy, alias Dan Murphy, broke into and entered tbe store-house of David Weaver and Nathan Daniel, a building in which goods and merchandise, things of value, were at tbe time kept for use, sale, or deposit, with intent to steal.”

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From the Circuit Court of Dallas. Tried before tbe Hon. Geo. H. Craig. Tbe indictment in this case, which was found at tbe November term of said court, 1879, charged that tbe defendant, “ Daniel Murphy, alias Dan Murphy, broke into and entered tbe store-house of David Weaver and Nathan Daniel, a building in which goods and merchandise, things of value, were at tbe time kept for use, sale, or deposit, with intent to steal.” Tbe defendant pleaded not guilty, was tried on issue joined on that plea, convicted, and sentenced to tbe penitentiary for the term of six years. On bis trial be reserved…

1Opinion of the CourtBb.ickell, C. J.

— Itmay. be, if the confession of a prisoner, or a person charged with a criminal offense, is obtained by promises of favor, made by one who is known to him to have no connection with the prosecution, no interest in it, and no power to control it, that it will be received in evidence ; and it is, perhaps, true, that the more recent authorities favor the admissibility of confessions, unless it is shown that they were made under inducements held out, or threats made, by ,a person having authority — an officer of the law. 1 Wharton’s Cr. Law, §§ 686-92. We feel constrained by our former…

2Cases cited2 opinions

  1. Snoddy v. Madison Co. CourtCourt of Appeals of Kentucky · 1801
  2. Aikin v. StateSupreme Court of Alabama · 1860

3Cited by25 opinions

  1. Burton v. StateSupreme Court of Alabama · 1894
  2. Redd v. StateSupreme Court of Alabama · 1881
  3. Fincher v. StateSupreme Court of Alabama · 1924
  4. Young v. StateSupreme Court of Alabama · 1881
  5. Kelly v. StateSupreme Court of Alabama · 1882

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