State v. Currie
North Dakota Supreme Court
Appeal from District Court, Walsh county; Kneeshaw, J. Charles Currie was convicted- of burglary, and appeals. A confession must not be obtained from the accused by any direct or implied promise on the part of officials 'concerned in his prosecution. 3 Am. & Eng. Enc. of Law, 499, 464; 14 Cent.
Read the full summary
Appeal from District Court, Walsh county; Kneeshaw, J. Charles Currie was convicted- of burglary, and appeals. A confession must not be obtained from the accused by any direct or implied promise on the part of officials 'concerned in his prosecution. 3 Am. & Eng. Enc. of Law, 499, 464; 14 Cent. Dig. section 1175. A subsequent confession following a previous one, made under the influence of promises of favor, is inadmissible, if such previous promises continue their influence on defendant’s mind at the time of the examination. In re Bowerhan, 4 City H. R. 136; 14 Cent. Dig. c. 1857; Robinson…
1Opinion of the CourtMorgan, C. J.
The defendant was convicted of the crime of burglary in the third 'degree, and sentenced to five years in the penitentiary. His principal contention on the appeal is that the court erred in refusing to give certain requested instructions bearing on the relation of the owner of the building, and of a certain detective, to the commission of the alleged crime. His claim is that the owner of the building consented to the burglary, and that defendant was instigated to commit the burglary under the undue influence of the detective in causing him to become intoxicated.
■ The facts are uncontradicted…
2Cases cited8 opinions
- State v. . AdamsSupreme Court of North Carolina · 1894
- State v. WisnewskiNorth Dakota Supreme Court · 1905
- State v. JansenSupreme Court of Kansas · 1879
- People v. HanselmanCalifornia Supreme Court · 1888
- State v. StickneySupreme Court of Kansas · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. BurnetteSupreme Court of North Carolina · 1955
- People v. LanzitCalifornia Court of Appeal · 1925
- Shouquette v. StateCourt of Criminal Appeals of Oklahoma · 1923
- State v. NeelyMontana Supreme Court · 1931
- State v. SmithNevada Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.