State v. Davis
| Decision Date | 31 October 1899 |
| Citation | 125 N.C. 612,34 S.E. 198 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. DAVIS. |
CRIMINAL LAW—CONFESSIONS— ADMISSIBILITY.
Where one under arrest for receiving stolen property first denied any knowledge of the property, and later, when told by the person who had him in custody that he "had worked up the case, and he had as well tell all about it, " said that another person had brought them to his mother's house, the latter statement is inadmissible, having been made under the influence of hope or fear.
Appeal from superior court, Wake county; Moore, Judge.
Henry Davis was convicted of receiving stolen property, and appealed. Reversed.
E. A. Johnson, for appellant.
The Attorney General, for the State.
The defendant was indicted for larceny and receiving stolen goods of one Horton. It was proved that Horton's store had been robbed and burned. There was no evidence identifying the goods alleged to have been stolen, and the prosecution failed on the first count. There was no evidence relied on by the state, except the declarations of the defendant, to sustain the second count. The competency of these declarations is the only question presented.
The defendant was arrested by J. H. Conrad, and while in his custody Conrad said to him that he "had worked up the case, and he had as well tell all about it" The defendant denied any knowledge of the alleged stolen articles, but after a while said that another person brought the goods to hishouse. The house referred to was his mother's house. An officer, with authority to arrest, discharges his duty by simply making the arrest, and it is no part of his duties to provoke a prisoner to make any statement. The genius of our free institutions provides that admissions of a party should not be used against him, unless made voluntarily. The common-law looks with jealousy on such confessions; for, if made under the influence of hope or fear, they furnish no test of the truth of the matter. They may be true, and they may be inspired by either hope or fear that such statements will be better for him in the near future. "The mind, under the pressure of calamity, is prone to acknowledge, indiscriminately, a falsehood or a truth, as different agitations may prevail; and therefore a confession obtained by the slightest emotion of hope or fear ought to be rejected." State v. Roberts, 12 N. C. 259. The language that I "had worked up the case, and he had as well tell all about it, " was well calculated to...
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State v. Anderson
... ... P. Stewart, we ... are disposed to disregard form for merit and to hold that the ... alleged confession should have been stricken out. State ... v. Livingston, 202 N.C. 809, 164 S.E. 337; State v ... Grier, 203 N.C. 586, 166 S.E. 595; State v ... Davis, 125 N.C. 612, 34 S.E. 198; State v ... Drake, 113 N.C. 624, 18 S.E. 166; State v ... Dildy, 72 N.C. 325; State v. Whitfield, 70 N.C ... A free ... and voluntary confession is deserving of the highest credit, ... because it is presumed to flow from the strongest ... ...
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State v. Morris
...better tell the truth'--is sufficient to render a consequent confession by the prisoner involuntary as a matter of law." In State v. Davis, 125 N.C. 612, 34 S.E. 198, defendant was arrested by an officer, who said to him that he "had worked up the case, and he had as well tell all about it.......
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State v. Hawkins
... ... the judge. State v. Whitener, 191 N.C. 659, 132 S.E ... 603; State v. Stevenson, supra. The judge ruled the statement ... and answer competent, and in this ruling we find no error ... Defendant ... relies upon State v. Davis, 125 N.C. 612, 34 S.E ... 198. The factual situation there is different from that here, ... and the case is distinguishable. There the defendant ... confessed ... 4. The ... State, over defendant's objection, offered evidence ... tending to show that a few months before ... ...
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... ... P. Stewart, we are disposed to ... disregard form for merit and to hold that the alleged ... confession should have been stricken out", citing in ... support of the position: State v. Livingston, 202 ... N.C. 809, 164 S.E. 337; State v. Grier, 203 N.C ... 586, 166 S.E. 595; State v. Davis, 125 N.C. 612, 34 ... S.E. 198; State v. Drake, 113 N.C. 624, 18 S.E. 166; ... State ... ...