State v. Baker

• Decision Date: 30 June 1900
• Parties: STATE v. BAKER.
• Court: South Carolina Supreme Court

36 S.E. 501

58 S.C. 111

STATE v. BAKER.

Supreme Court of South Carolina

June 30, 1900

Appeal from general sessions circuit court of Newberry county; O. W Buchanan, Judge.

De Villius B. Baker was indicated for the crime of grand larceny, and from a judgment of conviction he appeals. Reversed.

C. L Blease, for appellant.

T. S Lease, for the State.

POPE J.

The defendant was tried and convicted of the crime of grand larceny in February, 1900, and after sentence appealed to this court. His grounds of appeal are four in number: "(1) Because the presiding judge erred in allowing the paper marked as an exhibit, and purporting to be a confession made by the defendant, Baker, at the preliminary trial held in this case, introduced and used as evidence in this case. (2) Because the presiding judge erred in allowing the solicitor to read the letter and said statement, or so-called confession, to the jury after the state had closed its case, and defendant's attorney had stated that the defense would offer no testimony, and that he did not desire to make any argument, and the solicitor stated, 'Neither do I, except to read the papers that have been introduced;' the papers not having been read when introduced, and the reading of them not having been asked for by the court or the jury. (3) Because the presiding judge erred in charging the jury: 'Well, the rule is this: Where it is done freely and fairly, without the flattery of hope or the fear of force or violence, it is admitted as evidence, as the truth, if you find it worthy of belief, against the person who utters it.' (4) Because the sentence imposed upon the defendant, Baker, is contrary to the statute law and constitution of this state."

In disposing of the question raised as to the admission of a confession of guilt by the defendant when reduced to writing we may remark that the written confession in this case was made without solicitation, importunity, promise, or threat being used to induce the same. Confessions are admitted if made voluntarily. The jury is not required by law to believe a confession. The jury may accept a part and reject the balance. All the safeguards thrown around confessions by the law are to insure truth. Once is it ascertained that the confession is true, no great attention is paid to technical rules. For instance, it was at one time held that a person charged with crime must be admonished that, if he made any statement against himself, it would prejudice his case; but in State v. Workman, 15 S.C. 544, this court held that "no previous warning was necessary." In that case, quoting from 1 Greenl. Ev. § 299, it was said: "Neither is it necessary to the admissibility of any confession, to whomsoever it may have been made, that it should appear that the prisoner was warned that what he said would be used against him. On the contrary, if the confession was voluntary, it is sufficient, though it should appear he was not warned." The confession in question in the case at bar was fortified by a second confession in writing, against which no objection was urged. This second confession or admission was made in a letter written by the defendant, whereby, while inculpating himself, he sought to relieve from the...