State v. McKenzie
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. Dorsey W. Shackleford, Judge. (1) The court erred in allowing the confessions of appellant made to the officers having him in charge to be admitted in evidence, because obtained through fear and by threats and inducements; in short, they were not free and voluntary confessions as required by the law. 1 Greenl. on Ev. [14 Ed.], sec. 214, p. 275, and note; sec. 219, p. 281; sec. 223, p. 288; sec. 222, p. 287; Wharton’s Crim.
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Appeal from Cole Circuit Court. — Hon. Dorsey W. Shackleford, Judge. (1) The court erred in allowing the confessions of appellant made to the officers having him in charge to be admitted in evidence, because obtained through fear and by threats and inducements; in short, they were not free and voluntary confessions as required by the law. 1 Greenl. on Ev. [14 Ed.], sec. 214, p. 275, and note; sec. 219, p. 281; sec. 223, p. 288; sec. 222, p. 287; Wharton’s Crim. Ev. [9- Ed.], sec. 650, p. 554; sec. 646, p. 552; sec. 623, p. 537; sec. 625, p. 538; sec. 626, p. 538; sec. 627, p. 539, and note;…
1Opinion of the CourtGantt, P. J.
At the March adjourned term, 1896, of the Cole county circuit court the defendant, Ed. *43McKenzie, a negro man, was indicted for the murder of Nicholas Linhardt near Lohman Station in said county, on the night of April 30, 1896. Defendant was arrested hut escaped from prison and remained at large until September, 1897, when he was again apprehended. He was tried at the November adjourned term, 1897, of the circuit court of Cole county, in January 1898, and convicted of murder in the first degree. From the sentence he prosecutes this appeal.
The court instructed the jury as follows:
“If you find…
2Cases cited2 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- State v. HopkirkSupreme Court of Missouri · 1884
3Cited by5 opinions
- State v. WellsUtah Supreme Court · 1909
- State v. GibilterraSupreme Court of Missouri · 1938
- State v. JonesMissouri Court of Appeals · 1903
- State v. WoodwardSupreme Court of Missouri · 1904
- State v. CusterSupreme Court of Missouri · 1935