3 Del. 567 (Del.Oyer.Ter. 1842), State v. Harman

Citation3 Del. 567
Party NameTHE STATE v. ZEBEDEE HARMAN.
CourtCourt of Oyer and Terminer of Delaware

Page 567

3 Del. 567 (Del.Oyer.Ter. 1842)

THE STATE

v.

ZEBEDEE HARMAN.

Court of Oyer and Terminer of Delaware.

1842

Fall Sessions, 1842

Confession-what degree of influence will vitiate.

Indictment, larceny.

David L. Moody .-Arrested the defendant-took him before Justice Leonard, where he confessed. Ques. Was the confession taken down in writing? Ans. I don't know.

Court .-If the confession before the magistrate was taken in writing and signed by the prisoner, parol evidence of the confession cannot be admitted. It is the duty of the magistrate in cases of felony, to reduce the examination of the accused to writing, and offer it to him for his signature. The court would presume that the magistrate did his duty; but they cannot presume that the prisoner signed the confession, as it was optional with him to decline signing it. Unless then there is some proof that the confession was reduced to writing and signed, the court will permit other evidence of the confessions. But these must be shown to have been voluntarily made. ( State v. Eaton, ante...

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