Commonwealth v. Preece
Massachusetts Supreme Judicial Court
Indictment, against Richard Preece, James Burns, and Erick Guerin, alleging that they, on October 27, 1883, in the nighttime of said day, at Northampton, feloniously burnt “ a certain building, to wit, a warehouse, the property of the New Haven and Northampton Company, a corporation duly organized under the laws of the Commonwealth, .... and occupied as a warehouse by the Williams Manufacturing Company, a corporation duly organized under the laws of said Commonwealth.”
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Indictment, against Richard Preece, James Burns, and Erick Guerin, alleging that they, on October 27, 1883, in the nighttime of said day, at Northampton, feloniously burnt “ a certain building, to wit, a warehouse, the property of the New Haven and Northampton Company, a corporation duly organized under the laws of the Commonwealth, .... and occupied as a warehouse by the Williams Manufacturing Company, a corporation duly organized under the laws of said Commonwealth.” At the trial in the Superior Court, before RocTcwell, J., the jury returned a verdict of guilty against each defendant; and…
1Opinion of the CourtMorton, C. J.
The principal question in the case is as to the admissibility of the confession of the defendant Burns. The rule is well established that, to be admissible, a confession must be the free and voluntary confession of the defendant. If it is induced by any promises or threats of one in authority over the defendant, it is incompetent. When a confession is offered in evidence, the question whether it is voluntary is to be decided primarily by the presiding justice. If he is satisfied that it is voluntary, it is admissible; otherwise, it should be excluded.
When there is conflicting testimony, the…
2Cases cited4 opinions
- Commonwealth v. CuffeeMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. NottMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. MitchellMassachusetts Supreme Judicial Court · 1875
3Cited by63 opinions
- Jackson v. DennoSupreme Court of the United States · 1964
- Wilson v. United StatesSupreme Court of the United States · 1896
- Commonwealth v. TavaresMassachusetts Supreme Judicial Court · 1982
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. RussMassachusetts Supreme Judicial Court · 1919
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