People v. Hamilton

“The aim of the requirement of due process is not to exclude presumptively false evidence, but to prevent fundamental unfairness in the use of evidence whether true or false.” Lisenba v. California, 314 US 219, 236 (62 S Ct 280, 86 L ed 166), quoted in Blackburn v. Alabama, 361 US 199 (80 S Ct 274, 280, 4 L ed 2d 242, 248).

I hold that admission in evidence of defendant Hamilton’s confession deprived him of process due by our Constitution (1908) and criminal code * §, to say nothing of the process that is due by supreme law.

Maurice ■ Hamilton and Victoria Hirmiz were charged in the first…