People v. Mondon
New York Supreme Court
Appeal by the defendant, Frank Mondon, from a judgment of the Court of Oyer and Terminer of Herkimer county, Hon. T. 0. Williams presiding, of May 23, 1885, convicting defendant of murder in the first degree.
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Appeal by the defendant, Frank Mondon, from a judgment of the Court of Oyer and Terminer of Herkimer county, Hon. T. 0. Williams presiding, of May 23, 1885, convicting defendant of murder in the first degree. The facts in this case appear to be, in brief, that the body of ■ John Wishart was found in a ditch upon the land of Sanford ■ G-etman in the town of Frankfort, by his son Adam, on the 8th day of May, 1884. He was lying in the ditch with his head toward the railroad and his feet toward the river, with his face •in the water and his toes also in the water, his body being upon the…
1Dissent
Follett, J. (dissenting).
It is difficult to understand, and unsafe to construe, a statute without having in mind the law upon the subject existing at the time the statute was passed. Since Warickshell’s Case (1 Leach, 263), the sole test of the admissibility of confessions in countries wherein the common law prevails is, were they voluntary ? An analysis of the reported cases would be unprofitable and simply show: (1) That prior toBaichy’s Case (2 Denison Or. Gas. 430), the courts presumed confessions to have been involuntary, and inadmissible from slighter causes, than since that case. (2)…
2Cases cited12 opinions
- People Ex Rel. Hackley v. KellyNew York Court of Appeals · 1861
- The People v. . McMahonNew York Court of Appeals · 1857
- People v. StrongCalifornia Supreme Court · 1866
- Hendrickson v. . the PeopleNew York Court of Appeals · 1854
- Teachout v. PeopleNew York Court of Appeals · 1869
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