Bush v. State
| Decision Date | 28 February 1903 |
| Citation | 136 Ala. 85,33 So. 878 |
| Parties | BUSH v. STATE. |
| Court | Alabama Supreme Court |
Appeal from City Court of Gadsden; John H. Disque, Judge.
John Bush was convicted of assault with intent to murder, and appeals. Affirmed.
Upon the introduction of all the evidence the defendant requested the court to give to the jury the following written charges and separately excepted to the court's refusal to give each of them as asked:
Hubert T. Davis, for appellant.
Massey Wilson, Atty. Gen., for the State.
The defendant was tried and convicted on an indictment for an assault with intent to murder. On the trial the state introduced as a witness one Henry Miller, who testified as follows: Here the bill of exceptions recites: "The defendant interposed an objection on the ground that the proper predicate had not been laid," meaning by this, we suppose, the examination preliminary to the admission in evidence of a confession by the defendant. The court thereupon said to the witness, "State the conversation, just as it occurred, between him and the defendant--what the witness said to the defendant, and what reply defendant made." The witness answered as follows The bill recites that "the court then ruled that the testimony was competent, and the defendant then and there duly excepted to the ruling of the court." The witness then further testified: The state had previously examined as a witness Joe Gross, the person alleged to have been assaulted, who testified that the defendant shot him one night at a dance.
It is insisted that the court erred in admitting the testimony of the witness Miller, the insistence being that "the proper predicate was not laid" showing that the confession was voluntary. The question of admissibility of a confession is, of course, addressed to the court, and is usually determined upon a preliminary inquiry made to ascertain whether the same was voluntary or involuntary--that is to say, whether or not it was induced or obtained under the influence of hope or fear--and the practice commonly pursued is by direct questions to the witness as to whether any promises or threats were made exciting...
To continue reading
Request your trial
-
Morris v. State
...were made voluntarily, and there could be no valid objection that a proper predicate was not laid for the admission of them. Bush's Case, 136 Ala. 85, 33 So. 878; Stone's 105 Ala. 60, 17 So. 114; Price's Case, 117 Ala. 114, 23 So. 691. W. H. McClellan, the first witness examined by the stat......
-
Sharp v. State
... ... that there could be no valid objection that a proper ... predicate was not laid for the admission of the same ... Heningberg v. State, 153 Ala. 13, 45 So. 246; ... Stone v. State, 105 Ala. 60, 17 So. 114; Price ... v. State, 117 Ala. 114, 23 So. 691; Bush v ... State, 136 Ala. 85, 33 So. 878; Morris v. State, supra ... It was ... necessary to locate exactly the position of the deceased ... policemen when they were fired upon, to locate the defendant ... and the several parties present, and to show their ... opportunity for seeing ... ...
-
Cox v. State
... ... why he did it, to which defendant replied he would not have ... shot if the other party had not been trying to shoot him, was ... competent, though the witness had not been asked whether such ... confession had been voluntarily made. Bush v. State, ... 136 Ala. 85, 33 So. 878 ... In the ... instant case the defendant of his own accord made the ... statement to his wife, [19 Ala.App. 209] without any ... influence being exercised over him to induce the confession ... The surroundings and circumstances in which the ... ...
-
Tillison v. State, 6 Div. 473.
... ... circumstances, confessions and inculpatory admissions are ... prima facie voluntary and admissible. Washington v ... State, 106 Ala. 58, 17 So. 546; Heningburg v ... State, 153 Ala. 13, 45 So. 246; Christian v ... State, 133 Ala. 109, 32 So. 64; Bush v. State, ... 136 Ala. 85, 33 So. 878; Fincher v. State, 211 Ala ... 388, 100 So. 657; Morris v. State, 25 Ala.App. 156, ... 162, 142 So. 592; Henly v. State, 21 Ala.App. 259, ... 107 So. 801, certiorari denied, 214 Ala. 314, 107 So. 801 ... Writ of ... certiorari is denied and ... ...