Gidley v. State

The evidence as set out in the record is somewhat confusing as to whether the alleged confession was made before* the whisky was actually found at the house or afterwards. If the confession was obtained before the whisky was found, it should not have been admitted, because at that time the corpus delicti had not been proven. Braxton v. State, 17 Ala. App. 167, 82 South. 657.

The court in determining admissibility of a confession should be careful to ascertain that such confession proceeded from volition, and that it was not superinduced by any influence improperly exerted. If the confession in…