State v. Gorham
Supreme Court of Vermont
Indictment for arson in four counts. Plea, not guilty. Trial by jury at the June term, 1894, Orange county, Ross, C. J., presiding. Verdict guilty. The respondent excepts. The confession was not voluntary, and should not have been admitted. State v. Day, 55 Vt. 510 ; State v. Walker, 34 Vt. 296; States. Pheljps, xx Vt. 116. His physical condition was such as would render it inadmissible. Vaughn v. Commonwealth, 17 Gratt.
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Indictment for arson in four counts. Plea, not guilty. Trial by jury at the June term, 1894, Orange county, Ross, C. J., presiding. Verdict guilty. The respondent excepts. The confession was not voluntary, and should not have been admitted. State v. Day, 55 Vt. 510 ; State v. Walker, 34 Vt. 296; States. Pheljps, xx Vt. 116. His physical condition was such as would render it inadmissible. Vaughn v. Commonwealth, 17 Gratt. (Va.) 576; People v. Ah How, 34 Cal. 218; State v. York, 37 N. H. 175 ; State v. George, 15 La. Ann. 145 ; Com. v. Curtis, 97 Mass. 574; McGlothlin v. State, 2 Coldw. (Tenn.)…
1Opinion of the CourtRowell, J.
The prisoner’s confession to Mrs. Parish was made when he was shackled and in custody, without counsel, and expecting to die from the effects of poison taken after his arrest. Testimony was introduced by both sides on the preliminary inquiry whether the confession was voluntary or whether Mrs. Parish held out inducements to the prisoner and thereby obtained it. The court found that the confession was made of the prisoner’s own motion, without any inducement, and admitted it in evidence. The prisoner excepted to its admission, and especially because it was made when he was without counsel, and…
2Cases cited2 opinions
- State v. PattersonSupreme Court of Missouri · 1881
- Jackson v. StateSupreme Court of Alabama · 1881
3Cited by19 opinions
- McCleary v. StateCourt of Appeals of Maryland · 1914
- People v. KasemMichigan Supreme Court · 1925
- State v. LongSupreme Court of Vermont · 1922
- State v. WellsUtah Supreme Court · 1909
- Mortimore v. StateWyoming Supreme Court · 1916
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