State v. . Drake

There was a verdict of guilty, and from the judgment thereon defendant appealed.

The facts necessary to an understanding of the decision are stated in the opinion of Associate Justice Burwell. "This much is certain that no confession by the prisoner is admissible which is made in consequence of any inducement of a temporal nature, having reference to the charge against the prisoner, held out by a person in authority." 1 Roscoe Cr. Ev., p. 42. A witness for the State testified that while he was conveying the prisoner from the place where he and others had arrested him to Elm City, where he was…