Whitley v. State
Mississippi Supreme Court
From the circuit court of DeSoto county. Hon. Z. M. Stephens, Judge. Whitley, the appellant, was indicted and convicted of murder in the court below, and appealed to the supreme court. The facts are stated in the opinion of the court. The first confession should not have been admitted in evidence, because it was extorted by threats.
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From the circuit court of DeSoto county. Hon. Z. M. Stephens, Judge. Whitley, the appellant, was indicted and convicted of murder in the court below, and appealed to the supreme court. The facts are stated in the opinion of the court. The first confession should not have been admitted in evidence, because it was extorted by threats. Its admission was an outrage on defendant, which was not relieved of its consequences by the court subsequently excluding it from consideration by the jury. ■ The second confession was made under the influence of the threats by which the first one was extorted.…
1Opinion of the CourtTerral, J.
John Whitley was sentenced to be hanged by the circuit *257court of DeSoto county, and he appeals from the judgment of the court. Meriwether and Gore, the latter being a deputy sheriff, rescued the defendant from the hands of a mob, and held him in custody for the murder of Brice Martin. On the day of the arrest, upon the threat of Meriwether and Gore to deliver him back to the mob unless he should confess to the killing of Martin, and upon their assurance that the mob would kill him if delivered to them, the defendant made a circumstantial statement of the killing of the deceased without any…
2Cases cited3 opinions
- Belote v. StateMississippi Supreme Court · 1858
- Simon v. StateMississippi Supreme Court · 1872
- Van Buren v. StateCourt of Appeals of Mississippi · 1852
3Cited by14 opinions
- Armstrong v. StateMississippi Supreme Court · 1968
- Dover v. StateMississippi Supreme Court · 1969
- Whip v. StateMississippi Supreme Court · 1926
- Brunson v. StateMississippi Supreme Court · 1972
- Mackmasters v. StateMississippi Supreme Court · 1903
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