Williams v. State
Mississippi Supreme Court
Appellant, Amos Williams, was indicted in tbe Circuit Court of Itawamba county for assault witb intent to rape a little girl two years old, named Theresa Strauss. He was tried and convicted and sentenced to tbe penitentiary for ten years, and appeals.
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Appellant, Amos Williams, was indicted in tbe Circuit Court of Itawamba county for assault witb intent to rape a little girl two years old, named Theresa Strauss. He was tried and convicted and sentenced to tbe penitentiary for ten years, and appeals. On the trial, E. Strauss, tbe father of the child, testified that the defendant was. employed by him, and the defendant took the little child to a privy, near where a woman was washing, and the child came back into the house, and its mother, after examining it, became very much alarmed and excited, and he came to the house and examined the…
1Opinion of the Court
Opinion.
Cooper, J.:
The court erred in permitting the confession of the accused to be given in evidence against him. Aside from the relation of master and servant existing between the accused and the person to whom they were made, the act of the master in approaching and arresting the accused in the manner shown in the record could naturally produce in the mind of the accused no other conclusion than that he was' to be the victim of the assault which in fact so soon occurred. That the confession was the result of this appearance of force is the natural and legal presumption, and its existence…
2Cases cited20 opinions
- Ammons v. StateMississippi Supreme Court · 1902
- Belote v. StateMississippi Supreme Court · 1858
- Williams v. StateMississippi Supreme Court · 1894
- Steele v. StateMississippi Supreme Court · 1898
- Simmons v. StateMississippi Supreme Court · 1883
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