Legal Opinion

Williams v. State

Mississippi Supreme Court

Decided October 15, 1894PublishedCited by 18 opinions

From the circuit court of Warren county. Hon. John D. Gilland, Judge. Appellant was convicted of murder, and appealed. The facts relevant to the only point passed on by the court are stated in the opinion. A confession, before it is admissible in evidence, must be shown to be voluntary. Qarra/rd v. State, 50 Miss., 147; Cady v. State, 44 II)., 332; Dichr.

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From the circuit court of Warren county. Hon. John D. Gilland, Judge. Appellant was convicted of murder, and appealed. The facts relevant to the only point passed on by the court are stated in the opinion. A confession, before it is admissible in evidence, must be shown to be voluntary. Qarra/rd v. State, 50 Miss., 147; Cady v. State, 44 II)., 332; Dichr. State, 30 It., 593; Frank v. State, 39 It., 705. To hold that, when the alleged confession was made, the mind of the accused was free and uninfluenced by the surroundings, would be ridiculous. It was not, to him, a question of confessing his…

1Opinion of the CourtCooper, C. J.

The errors assigned and argued by counsel are:

1. That the verdict is not supported by the evidence.

2. That the court erred in admitting evidence of the confessions of defendant, which confessions, it is contended, are not shown to have been voluntary, but were extorted from the defendant by threats and violence.

The first error assigned is not well taken. The evidence not only abundantly supports the conviction, but reaches as near to demonstration as can be possible. But an important part of the evidence is the confession of the appellant, and the fate of the verdict depends upon the…

2Cases cited5 opinions

  1. Ellis v. StateMississippi Supreme Court · 1887
  2. Commonwealth v. CuffeeMassachusetts Supreme Judicial Court · 1871
  3. Garrard v. StateMississippi Supreme Court · 1874
  4. Simon v. StateMississippi Supreme Court · 1872
  5. Cady v. StateMississippi Supreme Court · 1870

3Cited by18 opinions

  1. Harvey v. StateMississippi Supreme Court · 1968
  2. State v. KellySupreme Court of New Jersey · 1972
  3. Lee v. StateMississippi Supreme Court · 1959
  4. Johnson v. StateMississippi Supreme Court · 1914
  5. Fincher v. PeopleSupreme Court of Colorado · 1899

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