State v. Brockman
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. I. The court erred in permitting the confession of the defendant to go to the jury. (1 Greenl. Ev. 26-3-66, §§ 219-22 ; 1 Phil. Ev. 449, and authorities cited; Rex v. Gibbon, 1 C. & P. 97; Rex v. Enoch & Mary Pullen, '5 C. & P. 539 ; 8 0. & P. 734; Hector v. The State, 2 Mo. 135 j 1 Arch. Crim. PI. 125-6; Roberts’ Case, 1 Dev, 259-64; Roscoe’s Crim.
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Appeal from St. Louis Criminal Court. I. The court erred in permitting the confession of the defendant to go to the jury. (1 Greenl. Ev. 26-3-66, §§ 219-22 ; 1 Phil. Ev. 449, and authorities cited; Rex v. Gibbon, 1 C. & P. 97; Rex v. Enoch & Mary Pullen, '5 C. & P. 539 ; 8 0. & P. 734; Hector v. The State, 2 Mo. 135 j 1 Arch. Crim. PI. 125-6; Roberts’ Case, 1 Dev, 259-64; Roscoe’s Crim. Ev. 34 ; Rex v. Cooper, 5 C. & P. 535 ; 15 Wend. 231.) H. The law declares that the inducements, to make the confession of a prisoner inadmissible, must be held out by a person in authority. A constable,…
1Opinion of the CourtWagner, Judge
That confessions induced by the flattery of hope, or terror of punishment, are not admissible in evidence, is a principle well settled in our jurisprudence. (Hester v. State, 2 Mo. 166.) In the case of Hawkins v. State, 7 Mo. 190, where the confession was received, it does not appear that any influence was exerted over the accused by the person who had her in charge. In that case the defendant was indicted and convicted for poisoning her husband; and whilst she and a negro woman, who was also arrested as a participant in the crime, were in charge of the sheriff and another person, a…
2Cases cited2 opinions
- Warder v. EvansSupreme Court of Missouri · 1830
- Hawkins v. StateSupreme Court of Missouri · 1841
3Cited by10 opinions
- Coffee v. StateSupreme Court of Florida · 1889
- State v. BradfordSupreme Court of Missouri · 1953
- State v. HunterSupreme Court of Missouri · 1904
- United States v. StoneUnited States Circuit Court · 1881
- State v. SimonSupreme Court of Missouri · 1872
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