State v. . Suggs
Supreme Court of North Carolina
Indictment for highway robbery tried at Fall Term, 1882, of Chaven Superior Court, before McKoy, J. On the trial, one Henry Rouse, a witness for the state, testified that there had been a preliminary examination of the charge against the defendant, in which, declarations of Peter Donan, the person alleged to have been robbed, were used as his dying declarations, and the defendant was committed; that afterwards, Peter Donan came to Newbern, when Thomas Stanley, the justice of…
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Indictment for highway robbery tried at Fall Term, 1882, of Chaven Superior Court, before McKoy, J. On the trial, one Henry Rouse, a witness for the state, testified that there had been a preliminary examination of the charge against the defendant, in which, declarations of Peter Donan, the person alleged to have been robbed, were used as his dying declarations, and the defendant was committed; that afterwards, Peter Donan came to Newbern, when Thomas Stanley, the justice of the peace before whom the said examination was had, caused the defendant to be taken from the jail to his office (a…
1Opinion of the CourtAsiie, J.
There is no force in tlie first exception. His Honor, having found that the admission of the defendant was voluntary — not induced by any word or act of intimidation, or promise held out to him, and that it was not made in the course of any judicial proceeding — the conversation in the hearing of the defendant and his statement at the time were clearly admissible.
The admissions of a party are always admissible against him. Adams v. Utley, 87 N. C., 356; State v. Efler, 85 N. C., 585. A free and voluntary confession by a person accused of an offence, whether made before his apprehension or…
2Cases cited4 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1881
- State v. . EflerSupreme Court of North Carolina · 1881
- Adams v. . UtleySupreme Court of North Carolina · 1882
- State v. . JohnstonSupreme Court of North Carolina · 1883
3Cited by45 opinions
- State v. CaseSupreme Court of North Carolina · 1960
- State v. BarefootSupreme Court of North Carolina · 1955
- State v. . HarrisonSupreme Court of North Carolina · 1907
- State v. . HawkinsSupreme Court of North Carolina · 1938
- State v. . SteeleSupreme Court of North Carolina · 1925
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