Legal Opinion

Couley v. State

Supreme Court of Missouri

Decided October 15, 1849PublishedCited by 12 opinions

APPEAL FROM ST. LOUIS CRIMINAL COURT.' 1st. When a confession is made by a defendant it mustappear that the confession w-as made free and voluntary; and that any confession or admission of guilt, or any fact which,may tend to the proof of it, made by the defendant under inducements held out to him to produce a confession, whether those inducements are of a character to create hope in the mind of the defendant that he may by making such confession escape temporal punishment,…

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APPEAL FROM ST. LOUIS CRIMINAL COURT.' 1st. When a confession is made by a defendant it mustappear that the confession w-as made free and voluntary; and that any confession or admission of guilt, or any fact which,may tend to the proof of it, made by the defendant under inducements held out to him to produce a confession, whether those inducements are of a character to create hope in the mind of the defendant that he may by making such confession escape temporal punishment, or of a different character and calculated to produce fear in (he mind of the defendant;;the confessions so made are…

1Opinion of the Court

Judge Ry£,and

delivered the opinion of the court.

The indictment in this caá’é contained two coiints ; the first for burglary and the second for grand larceny. The defendant was found guilty on both counts, and sentenced to imprisonment on the first count ■for ten years, and on the second for five years.

‘On the trial the burglary was proved by R. N. Nesbitt; the person whose house had been robbed. The State also introduced as witnesses S. Micheaux, the officer who arrested the prisoner, and B. Nesbit, a son of the prosecutor. Their testimony was as follows :

“The first time I saw defendant was…

2Cited by12 opinions

  1. State v. FuquaSupreme Court of North Carolina · 1967
  2. State v. BanksSupreme Court of Missouri · 1881
  3. People v. HeideIllinois Supreme Court · 1922
  4. State v. StarrSupreme Court of Missouri · 1912
  5. Eaton v. LymanWisconsin Supreme Court · 1872

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