State v. Fredericks & Reed
Supreme Court of Missouri
Appeal from Oass Circuit Court.—Hon. N. M. Gtvan» Judge. (1) The court erred in admitting the confessions of defendant, Reed. It does not appear that they were voluntarily made. Those made to witness, Wirt, were induced by promises and by means of intimidation employed by the witness. State r>. Brockman, 46 Mo. 566, 569; State ©. Simon, 50 Mo. 370, 372 ; State v. Hagan, 54 Mo. 195; State v. Jones, 54 Mo. 478; State v. Carlisle, 57 Mo. 102; Wharton on Crim.
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Appeal from Oass Circuit Court.—Hon. N. M. Gtvan» Judge. (1) The court erred in admitting the confessions of defendant, Reed. It does not appear that they were voluntarily made. Those made to witness, Wirt, were induced by promises and by means of intimidation employed by the witness. State r>. Brockman, 46 Mo. 566, 569; State ©. Simon, 50 Mo. 370, 372 ; State v. Hagan, 54 Mo. 195; State v. Jones, 54 Mo. 478; State v. Carlisle, 57 Mo. 102; Wharton on Crim. Evid., section <673 ; 1 á-reenl. Evid. (11 Ed.) section 219. The confessions afterwards made to other witnesses should have been excluded,…
1Opinion of the CourtHenry, C. J.
The defendants were jointly indicted for stealing a horse,, the property of one Thomas E. Gentry. They were tried jointly and found guilty at the November term, 1884, of the Cass circuit court and sentenced to imprisonment in the penitentiary for a term of two years. From the judgment they have appealed.
The first complaint made is that the confession of the defendant Reed was admitted as evidence against him, and it is contended that he was induced to make it. by promise of reward. Before the arrest of defendants, or either of them, in the state of Kansas, oneE. N. Wirt, with whom the horse…
2Cases cited2 opinions
- State v. HopperSupreme Court of Missouri · 1880
- Laytham v. AgnewSupreme Court of Missouri · 1879
3Cited by18 opinions
- State v. SmithSupreme Court of Missouri · 1948
- State v. OrrickSupreme Court of Missouri · 1891
- State v. BradfordSupreme Court of Missouri · 1953
- State v. PattersonSupreme Court of Kansas · 1893
- White v. StateCourt of Criminal Appeals of Texas · 1894
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