State v. Collens
Supreme Court of Louisiana
APPEAL from the Criminal District Court for the Parish of Orleans. Baker, J. 1. A confession, if proven to have been voluntarily made, is admissible in evidence. 2. In an indictment for embezzlement, if the ownership of the property stolen is alleged to have been in a corporation, it is sufficient if its defacto existence is established. 2 Bish. Cr.
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APPEAL from the Criminal District Court for the Parish of Orleans. Baker, J. 1. A confession, if proven to have been voluntarily made, is admissible in evidence. 2. In an indictment for embezzlement, if the ownership of the property stolen is alleged to have been in a corporation, it is sufficient if its defacto existence is established. 2 Bish. Cr. Pro. § 752. 1. It must he shown to the court that a confession has been voluntarily made before it can be admitted in evidence. • The evidence to this point is preliminary, and addressed not to tbe jury but to the judge. It is competent for the…
1Opinion of the Court
The opinion of the Court was delivered by
Fenner, J.
This case is before us on three bills of exceptions, viz:
1. A written confession of the defendant was offered in evidence.
The prosecuting witness was put upon the stand to prove its verity and that it was made voluntarily. He was then interrogated by defendant’s counsel as to whether he had not stated to the brother of defendant that he had promised defendant if he would make the statement he should not be prosecuted. The witness having denied this, the brother was offered,as a witness to contradict him; but the court refused to permit the…
2Cases cited2 opinions
- People v. BarricCalifornia Supreme Court · 1874
- Smith v. StateIndiana Supreme Court · 1867
3Cited by9 opinions
- Thalheim v. StateSupreme Court of Florida · 1896
- State v. HodgesonSupreme Court of Louisiana · 1974
- State v. CookSupreme Court of Louisiana · 1949
- State v. JuggerSupreme Court of Louisiana · 1950
- State v. LanthierSupreme Court of Louisiana · 1942
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