Holt v. State
Supreme Court of Arkansas
Appeal from Washington Circuit Court; I. S. Maples, Judge; x. It was error to permit either Todhunter or Boaz to testify as to the confession made, as they were not voluntary but extorted. 66 Ark. 53; 50 Id. 305; 22 Id. 336; 11 Id. 408; 69 Id. 599-602; 3 Ene. Ev., pp. 301-273. Confession must be voluntary and without restraint, coercion or influence of any kind.
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Appeal from Washington Circuit Court; I. S. Maples, Judge; x. It was error to permit either Todhunter or Boaz to testify as to the confession made, as they were not voluntary but extorted. 66 Ark. 53; 50 Id. 305; 22 Id. 336; 11 Id. 408; 69 Id. 599-602; 3 Ene. Ev., pp. 301-273. Confession must be voluntary and without restraint, coercion or influence of any kind. The question of admissibility often turns upon the question whether they were made to one having official authority, or sustaining some confidential relation as spiritual adviser, or having control over or power to punish. 25 Ala. 9;…
1Opinion of the CourtWood, J.
Appellant appeals from a judgment of the Washington Circuit Court convicting him of the crime of murder in the second degree. He was indicted for murder in the first degree. The indictment was in apt language, and correctly charged the offense. The evidence for the State tended to show that appellant on the 6th day of September, 1908, shot and killed one J. W. Murry from ambush. It was shown that Murry a few weeks prior to the killing had accused appellant of stealing watermelons, had cursed appellant, calling him vile names, and had threatened to kill appellant; that this abuse filled…
2Cases cited5 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Carr v. StateSupreme Court of Arkansas · 1884
- Caldwell v. StateSupreme Court of Arkansas · 1901
- Johnson v. StateSupreme Court of Arkansas · 1894
- Glenn v. StateSupreme Court of Arkansas · 1902
3Cited by12 opinions
- Madding v. StateSupreme Court of Arkansas · 1915
- Harrison v. StateSupreme Court of Arkansas · 1940
- Shoop v. StateSupreme Court of Arkansas · 1945
- St. Louis, Iron Mountain & Southern Railway Co. v. DevaneySupreme Court of Arkansas · 1911
- Dobry v. StateNebraska Supreme Court · 1935
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