People v. Owen
Michigan Supreme Court
Error to the recorder’s court of Detroit; Connolly, J. Charles. Owen was convicted of an assault with intent to commit the crime of murder, and sentenced to imprisonment for life in the State prison at Marquette. The respondent was convicted of the crime of assault with intent to kill and murder his wife. The facts are undisputed and are admitted. His wife had left him, and had filed a bill for a divorce. He had previously assaulted her, and had made threats to kill her.
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Error to the recorder’s court of Detroit; Connolly, J. Charles. Owen was convicted of an assault with intent to commit the crime of murder, and sentenced to imprisonment for life in the State prison at Marquette. The respondent was convicted of the crime of assault with intent to kill and murder his wife. The facts are undisputed and are admitted. His wife had left him, and had filed a bill for a divorce. He had previously assaulted her, and had made threats to kill her. She was living with her mother. She and her mother were returning from the office of her solicitor, and were on their way…
1Opinion of the CourtGrant, C. J.
{after stating the facts). 1. Was this written and sworn confession admissible in evidence? is the principal question in the case. No threats were made; no inducements held out. There was no duress, unless the mere fact that he was under arrest and in the presence of some police officers constitutes duress. There were no facts for him to conceal. The ceremony of taking his statement was a useless one, and the practice is not to be commended. His answers were intelligent, and bear no evidence of having been made under duress or any misapprehension of his rights or reluctance to answer. The…
2Cases cited20 opinions
- People v. BarkerMichigan Supreme Court · 1886
- The People v. . McMahonNew York Court of Appeals · 1857
- Commonwealth v. HarmanSupreme Court of Pennsylvania · 1846
- Hendrickson v. . the PeopleNew York Court of Appeals · 1854
- People v. SimpsonMichigan Supreme Court · 1882
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3Cited by16 opinions
- The People v. FoxIllinois Supreme Court · 1925
- People v. DrosteMichigan Supreme Court · 1910
- People v. ConteMichigan Supreme Court · 1985
- People v. TrineMichigan Supreme Court · 1910
- McDonald v. StateSupreme Court of Florida · 1915
11 more not listed; retrieve them via the Exa API.