Lester v. State
| Decision Date | 21 December 1910 |
| Citation | 54 So. 175,170 Ala. 36 |
| Parties | LESTER v. STATE. |
| Court | Alabama Supreme Court |
Appeal from Circuit Court, Macon County; S. L. Brewer, Judge.
John Lester was convicted of violating the prohibition law, and he appeals. Reversed and remanded.
Alexander M. Garber, Atty. Gen., for the State.
Defendant was convicted of a violation of the prohibition law in Macon county. The sheriff of the county, testifying as a witness for the state, deposed in general terms that he had made no threats nor offered any inducements to bring about a confession on the part of defendant to which the state proposed to have him testify. But, coming to the details of what had passed between him and defendant, he said, in substance, that on the day defendant was lodged in jail on the charge to which the indictment related he went to the defendant in his cell, witness remaining on the outside, and asked him several times about his connection with the offense, telling him that he had a witness that could prove his guilt, and that he (the sheriff) had sent a man and bought a pint from him--seeming just here to refer to an occasion different from that intended to be covered by the indictment--and telling him what persons were present at the time of the offense for which he was then under arrest. The sheriff further testified that, "I might have said to him it would be better for him to own up to it, that I had the proof on him, but don't think I did." A little further on in the course of the examination the witness said Under these circumstances, the prisoner answered: "Yes, sir; I sold it, and want to get out of it." The settled rule of this court is that confessions are prima facie involuntary and can be rendered admissible only by showing that they are not constrained by hope or fear. The mere fact that a confession is made to an officer of the law does not render it inadmissible, nor does the mere fact that the defendant while under arrest, makes a confession in answer to questions put to him by the officer having him in custody. The question, to be decided by the trial judge in every case, is whether, upon consideration of all the circumstances, the confession has been induced by fear of harm or hope of favor. These propositions may be found stated in...
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Minton v. State
... ... it must be affirmatively shown to the satisfaction of the ... court that they were made voluntarily. Burton v ... State, 194 Ala. 2, 69 So. 913; Aaron v. State, ... 181 Ala. 1, 61 So. 812; Saulsberry v. State, 178 ... [101 So. 171.] Lester v. State, 170 Ala. 36, 54 So ... 175; Campbell v. State, 150 Ala. 70, 43 So. 743; ... Dupree v. State, 148 Ala. 620, 42 So. 1004; ... Barddell v. State, 144 Ala. 54, 39 So. 975; Plant ... v. State, 140 Ala. 52, 37 So. 159; Christian v ... State, 133 Ala. 109, 32 So. 64; Brown v. State, ... ...
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Huntley v. State
... ... him by the officer having him in custody, does not render the ... confession inadmissible. The question to be decided by the ... trial court in every case is whether upon the consideration ... of all circumstances the confession had been induced by fear ... or hope of favor. In Lester v. State, 170 Ala. 36, ... 54 So. 175, 176, the holding was that even assuming that the ... sheriff did not say to the prisoner 'that 'it would ... be better for him to own up'' in so many words, yet ... if the question put to the prisoner, in connection with the ... circumstances noted, ... ...
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Brooks v. State
... ... officers of the law, while a circumstance to be considered, ... this of itself did not render the confession involuntary or ... inadmissible though made to or in the presence of such ... officers and in response to their questioning. Smith v ... State, Ala.Sup., 27 So.2d 495 (5); Lester v ... State, 170 Ala. 36, 54 So. 175; McAdams v ... State, 216 Ala. 659, 114 So. 39 ... Neither was the confession rendered inadmissible merely ... because the officers to whom it was made were armed. There ... was no display of such arms and no use made of them to induce ... ...
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Palmore v. State
...Ala. 95, 101; Young & Griffin v. State, 68 Ala. 569; Redd v. State, 69 Ala. 255; Owen v. State, 78 Ala. 425, 56 Am. Rep. 40; Lester v. State, 170 Ala. 36, 54 So. 175; Ballard v. State, 225 Ala. 202, 142 So. Curry v. State, 203 Ala. 239, 82 So. 489. The evidence of defendant's guilt, apart f......