State v. Wood
| Decision Date | 01 February 1909 |
| Docket Number | 17,402 |
| Citation | 122 La. 1014,48 So. 438 |
| Court | Louisiana Supreme Court |
| Parties | STATE v. WOOD |
Appeal from Eighteenth Judicial District Court, Parish of Acadia Philip Sidney Pugh, Judge.
Armas Wood was convicted of murder, and he appeals. Reversed and remanded.
Howard Edwin Bruner and James Albert Gremillion, for appellant.
Walter Guion, Atty. Gen., and William Campbell, Dist. Atty. (John Joseph Robira and Ruffin Golson Pleasant, of counsel), for the State.
Defendant, a Negro, was convicted of murder, and sentenced to be hanged.
Defendant was arrested on suspicion. While he was in jail, the sheriff told him that:
These promises failed to elicit a confession. But a week later, on October 15, 1908 -- the defendant having in the meantime been transferred from the jail of the parish of Acadia, where the crime was committed and where he was arrested, to the jail of the parish of Calcasieu for safekeeping, and there lodged in the "death chamber" or cell for prisoners condemned to die -- he asked to see the sheriff, and made a confession to him in the presence of several persons, including the sheriff of Acadia who had made him the promises and warned him against letting the fact be known. This officer about 20 minutes before the confession was made visited defendant in his cell and told him to remember the promises which he had made him. Not knowing of these promises, the sheriff of Calcasieu, Mr. Reid, warned the defendant that any confession he might make would be used against him on the trial, and to take notice that he made no promises in that connection. Afterwards, on November 8, 1908, in the parish jail of Acadia, the...
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State v. Henry
... ... that such condition of mind continues at any subsequent ... confession, unless it be proven that by the lapse of time, ... and by the circumstances under which it was made, the act ... of the prisoner was entirely free and voluntary. State ... v. Wood, 122 La. 1014, 48 So. 438,20 L.R.A. (N.S.) ... It is ... argued that even though the confessions were inadmissible ... through lack of proper foundation, there was other evidence ... consisting of the accused's own testimony sufficient to ... justify the conviction and, therefore, ... ...
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State v. Whiteman, Cr. 258
... ... 631; Lang v. State, 178 Wis. 114, 189 N.W. 558, 24 A.L.R. 690; Dinah v. State, 39 Ala. 359; Flamme v. State, 171 Wis. 501, 177 N.W. 596; White v. State, 129 Miss. 182, 91 So. 903, 24 A.L.R. 699; 1 Greenleaf on Evidence, par. 221; Commonwealth v. Sheets, 197 Pa. 69, 46 A. 753; State v. Wood, 122 La. 1014, 48 So. 438, 20 L.R.A., N.S., 392; 1 R.C.L. 573. In this case the evidence failed to show that the influences which confessedly rendered the first confession inadmissible as evidence had been removed, and the admission in evidence of plaintiff in error's subsequent confessions was ... ...
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State v. Williamson
... ... induced by an assurance that the whole matter might, perhaps, ... be compromised if he would confess; and that the prosecutor ... would probably be satisfied with reimbursement of his ... expenses, the jury was directed to disregard the confession ... In State v. Wood, 122 La. 1014, 20 L. R. A. (N. S.) ... 392, 48 So. 438, where the sheriff told the prisoner the ... probabilities were his neck might be saved if he made a ... confession, and that he (the sheriff) would do all he could ... to save his neck, the inducement was held improper and the ... ...
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The State v. Ellis
... ... been obtained through influence, a presumption arises that a ... subsequent confession flows from a like influence, and such ... presumption must be overcome before the confession can be ... given in evidence. State v. Jones, 54 Mo. 478; ... State v. Brown, 73 Mo. 631; State v. Wood, ... 122 La. 1014; State v. Lee, 127 La. 1077; ... Johnson v. State, 48 Tex. Crim. 423; Banks v ... State, 93 Miss. 700; Reason v. State, 94 Miss ... 290; People v. Loper, 159 Cal. 6; 16 C. J. 722-723 ... (4) If a man be accused, interrogated and browbeaten by those ... who have ... ...