Banks v. State
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Tried before Hon. L. E. Box. The defendant, Banks, was charged by indictment with burglarizing the store-house of one McBride in Cross Plains, Calhoun county. It appeared on the trial of the cause, that the day following the burglary, defendant was arrested by one Hampton and others. Hampton, or another of the arresting party, a short while after the arrest, told defendant that “it would be best for him to tell all about it.”
Read the full summary
Appeal from Calhoun Circuit Court. Tried before Hon. L. E. Box. The defendant, Banks, was charged by indictment with burglarizing the store-house of one McBride in Cross Plains, Calhoun county. It appeared on the trial of the cause, that the day following the burglary, defendant was arrested by one Hampton and others. Hampton, or another of the arresting party, a short while after the arrest, told defendant that “it would be best for him to tell all about it.” The State then showed, against defendant’s objection, that defendant offered to conduct, and did conduct, said Hampton to an old field…
1Opinion of the CourtClopton, J.
In respect to the admissibility in evidence of the confessions of a person charged with a crime, the following rules have been repeatedly declared, and are well established, by our decisions:
Confessions are prima facie inadmissible, and it must be satisfactorily shown to the court that they are voluntary— were made when the mind of the accused was free from the influence of hope or fear — before they can be received in evidence. Any menace, or hope excited by encouragement that the prisoner would be more favorably dealt with if he confesses, is sufficient to exclude them.
When a confession has…
2Cases cited3 opinions
- Spicer v. StateSupreme Court of Alabama · 1881
- Owen v. StateSupreme Court of Alabama · 1885
- Murphy v. StateSupreme Court of Alabama · 1879
3Cited by7 opinions
- Womack v. StateSupreme Court of Alabama · 1967
- Mullis v. StateSupreme Court of Alabama · 1952
- Gregg v. StateSupreme Court of Alabama · 1894
- Burks v. StateSupreme Court of Alabama · 1941
- Lowe v. StateSupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.