Hector v. State
| Citation | 2 Mo. 166 |
| Parties | HECTOR (A SLAVE) v. THE STATE. |
| Decision Date | 30 September 1829 |
| Court | United States State Supreme Court of Missouri |
M'GIRK, C. J.
This was an indictment for burglary. In the course of the trial, certain instructions were asked for by the prisoner's counsel and refused, and other instructions given in lieu thereof and objected to. A part of the testimony was, that about half past ten o'clock at night, when the burglary was discovered, certain persons caught Hector and began to flog him to make him confess what he knew concerning the burglary and stealing of the money mentioned in the indictment. That they continued flogging all night, that he screamed under the lash, and said if they would release him he would find the money. The State then examined one McKinney, who said, that about day break he was awakened by a loud hollowing or screaming in the rear of his house; that he arose, and on inquiry was informed by some persons there, near his house, that certain persons were flogging the slave Hector, to compel him to discover. That when Hector heard the witness' voice he called on him to come to his assistance; that then the witness went to Hector, and told him if he took the money he ought to confess, and then asked Hector if he took the money. That Hector replied that he took the money, and that he would show the witness where it was, but that he did not wish the persons who had been flogging him to accompany him. That the money was at Mr. Menard's, his master's house, and that if the witness would go there alone with him, he would find the money. That the other persons would not consent to that, unless they also would be allowed to go along, and then Hector, the witness, and the other persons, went to the honse of Mr. Menard and did not find any money. That witness conceiving that Hector had deceived him, gave him several lashes with a cowskin, and then left him.
The prisoner's counsel then moved the court to exclude McKinney's testimony from the jury, on the ground that the confession of Hector was not freely and voluntarily made, but extorted by pain, &c., which motion the court overruled; and the prisoner's counsel also prayed the court to exclude from the consideration of the jury, all the confessions which were extorted from him, which the court refused.
But instructed the jury that they should exclude from their consideration any confession made by Hector under the influence of torture or pain, or hope or fear, but that the confessions of the defendant, which, in their opinion, was...
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...250 Mo. 189; Bram v. United States, 168 U.S. 532, 18 S.Ct. 183, 42 L.Ed. 568; 17 C. J. 720; People v. Trybus, 219 N.Y. 18; Hector v. State, 2 Mo. 166, 22 Am. Dec. 454; 12 475; State v. Brown, 73 Mo. 631; State v. Condit (Mo.), 270 S.W. 286; State v. Hart, 292 Mo. 90, 237 S.W. 473; 16 C. J. ......
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