State v. Smith
Mississippi Supreme Court
Feom the circuit court of Clarke county. HoN. S. H. Terral, Judge. J. F. Smith was indicted for arson and acquitted, and the state appeals, assigning for error the action of the court in ex-eluding from evidence a written confession of guilt.
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Feom the circuit court of Clarke county. HoN. S. H. Terral, Judge. J. F. Smith was indicted for arson and acquitted, and the state appeals, assigning for error the action of the court in ex-eluding from evidence a written confession of guilt. The facts relative to the confession are as follows: The Stonewall Manufacturing Company owned and operated a mill, or factory, and, in connection therewith, a store, the whole being in charge of one Wainwright, as secretary and superintendent. An unsuccessful attempt had been made to burn the store, and the circumstances pointed to Smith as incendiary.…
1Opinion of the CourtWhitfield, J.
In Jones v. State, 58 Miss., 349, Wilson told the prisoner, both when Mr. Watson was with him and when he went after-wards alone, that he need “expect no favors from him; ” he would “make no promise.” In Fout's Case, 8 Ohio St. (N. S.), 98, Bain, who had the custody of the defendant the night preceding the day on which he confessed to Amos Scott, merely told the defendant that, if he was guilty, a confession could place him in no worse condition. “The motive of hope” here was “applied by a third person” — Wainwright. 1 Greenl. Ev., § 220. The party did not “make his own calculations of the…
2Cases cited1 opinion
- Jones v. StateMississippi Supreme Court · 1880
3Cited by8 opinions
- Johnson v. StateMississippi Supreme Court · 1914
- Whip v. StateMississippi Supreme Court · 1926
- Barnes v. StateMississippi Supreme Court · 1945
- Solomon Banks v. StateMississippi Supreme Court · 1908
- Bartee v. StateMississippi Supreme Court · 1937
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