Legal Opinion

Morton v. State

Supreme Court of Alabama

Decided June 30, 1921No. 6 Div. 272PublishedCited by 4 opinions

Appeal from Circuit Court, Jefferson County; Dan A. Green, Judge. Will Morton was convicted of robbery, and sentenced to death, and he appeals.

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Appeal from Circuit Court, Jefferson County; Dan A. Green, Judge. Will Morton was convicted of robbery, and sentenced to death, and he appeals. The evidence showed that the defendant was in the office of the solicitor, and that the solicitor and three others were present, whereupon the solicitor stated to the defendant that any statement he might make would be used for or against him, as the case might he, and that if, under those circumstances, he desired to make a .statement, he might do so. It was testified further that no threats or coercion were used, nor hope of reward held out to…

1Opinion of the CourtThomas, J.

The indictment was for robbery. The trial resulted in a verdict and judgment of conviction, and imposition of the death penalty.

The only exception reserved and presented by the appeal is whether the lower court committed error in admitting evidence of a confession by defendant. It is unnecessary to discuss the rule governing admission in evidence of confessions of a defendant in a criminal case. In Curry v. State, 203 Ala. 239, 242, 82 South. 489, 492, the court said:

“It is settled law that, when a confession is offered in evidence against a defendant in criminal trial, the duty devolves upon…

2Cases cited5 opinions

  1. Godau v. StateSupreme Court of Alabama · 1913
  2. Curry v. StateSupreme Court of Alabama · 1919
  3. Sharp v. StateSupreme Court of Alabama · 1915
  4. Price v. StateSupreme Court of Alabama · 1897
  5. Wilson v. StateSupreme Court of Alabama · 1915

3Cited by4 opinions

  1. Jarvis v. StateSupreme Court of Alabama · 1930
  2. Lambert v. StateSupreme Court of Alabama · 1937
  3. Wadsworth v. StateAlabama Court of Appeals · 1922
  4. Merritt v. BlackwellSupreme Court of Alabama · 1921

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