State v. Hagan
Decision Date | 31 October 1873 |
Citation | 54 Mo. 192 |
Parties | STATE OF MISSOURI, Respondent, v. OWEN HAGAN, Appellant |
Court | Missouri Supreme Court |
Appeal from St. Louis Criminal Court.
R. S. MacDonald, for Appellant.
I. Before a confession of a defendant can be given in evidence against him, it must be shown to be voluntary.
II. The officers, who arrested defendant and induced him to confess, were persons in authority, and stood in the same relation to the defendant as the owner of the property or the prosecutor.
The accused was indicted for grand larceny, and on the trial there was no evidence to convict him of the offense, except his own confessions.
There was an objection made to the introduction of his confessions on the ground that they were not given voluntarily. The court overruled the objection, and admitted them, and this ruling constitutes the only question in the case. The evidence is clear and explicit, that the officers went to the defendant and talked to him a long time in a friendly manner in reference to the taking of the property stolen, and that he denied knowing anything about it. Finally they told him, that all they wanted was to recover the goods, and, if he would tell them where they were so that they could get them, that that would be an end of the matter, and nothing further would be done. Defendant then told what he knew about the larceny, and where the stolen articles were. He was then arrested, indicted, and convicted. It is very plain that the confessions were not voluntarily made. They were directly induced by the flattery of hope, and what the prisoner understood to be an assurance of immunity from prosecution in the event that he confessed and told what he knew about the transaction.
They were therefore wrongly admitted in evidence. (Hector vs. State, 2 Mo., 166; State vs. Brockman, 46 Mo., 566.)
The judgment must be reversed, and the cause remanded.
The other judges concur.
To continue reading
Request your trial-
State v. Rush
... ... (1) The ... description of the money in the indictment is sufficient. R ... S., sec 1817; State v. Burnett, 81 Mo. 119. (2) The ... confessions and statements of defendant were competent ... State v. Simons, 50 Mo. 370; State v ... Hagan, 54 Mo. 192; State v. Jones, 54 Mo. 478; ... State v. Carlisle, 57 Mo. 102; State v ... Guy, 69 Mo. 430; State v. Phelps, 74 Mo. 128; ... State v. Patterson, 73 Mo. 695; State v ... Hopkirk, 84 Mo. 278; State v. Fredericks, 85 ... Mo. 145. (3) The separation of the jury was not such as to ... ...
-
The State v. Powell
...then has the defendant in actual custody. State v. Hopkirk, 84 Mo. 278; State v. Jones, 171 Mo. 401; State v. Hunter, 181 Mo. 316; State v. Hagan, 54 Mo. 192; State Jones, 54 Mo. 478. (2) A statement to the accused by the person having him in charge to the effect that it will be better for ......
-
State v. Hunter
... ... of punishment are not admissible in evidence, and before any ... confession can be received in evidence in a criminal cause, ... it must be shown to be voluntary. Hector v. State, 2 ... Mo. 166; State v. Conley, 12 Mo. 462; State v ... Brockman, 46 Mo. 566; State v. Hagan, 54 Mo ... 192; State v. German, 54 Mo. 526; State v ... Young, 119 Mo. 495; State v. McKenzie, 144 Mo ... 40; State v. Moore, 160 Mo. 443; State v ... Jones, 171 Mo. 401. (6) Defendant repeatedly offered ... evidence tending to prove a conspiracy formed for the sole ... ...
-
The State v. Robinson
...Homicide, sec. 479; 3 Russell on Crimes, 367; 3 American and English Encyclopedia of Law, 439 to 496; State v. Walker, 68 Mo. 95; State v. Hagan, 54 Mo. 192; State v. Brockman, 46 Mo. 566; State Jones, 54 Mo. 526; State v. Hopkirk, 84 Mo. 278; Conley v. State, 12 Mo. 462. (5) The court erre......