Tramp v. State

• Decision Date: 14 February 1920
• Docket Number: No. 21266.,21266.
• Citation: 104 Neb. 222,176 N.W. 543
• Parties: TRAMP v. STATE.
• Court: Nebraska Supreme Court

104 Neb. 222

176 N.W. 543

TRAMP

v.STATE.

No. 21266.

Supreme Court of Nebraska.

Feb. 14, 1920.

Syllabus by the Court.

A confession induced by fear or promises, and not voluntarily made, is not admissible in evidence.

Where a statement in the nature of a confession is offered in evidence by the state in a criminal prosecution, it may be prejudicial error for the trial judge to refuse the request of defendant to hear the testimony of his witnesses tending to prove the statement was procured under fear of great bodily harm by a mob, before receiving such statement in evidence and allowing it to be read to the jury.

Error to District Court, Knox County; Welch, Judge.

Anton Tramp was convicted of violating the Prohibition Law, and he brings error. Reversed and remanded.

Rose, J., dissenting.R. J. Millard, of Harington, and F. L. Bollen, of Wayne, for plaintiff in error.

Clarence A. Davis, Atty. Gen., and J. B. Barnes, Deputy Atty. Gen., for the State.

ALDRICH, J.

Prosecution for violation of chapter 187, Laws 1917. Complaint was filed in county court of Knox county charging, among other things, that on the 18th day of July, 1918, defendant gave and furnished intoxicating liquors to another. This act was a second offense; the first offense having been committed in Dixon county. There were three counts in the information. The jury acquitted defendant on the second and third counts, finding him guilty only on the first count.

Several assignments of error are set out in defendant's brief. it is necessary to consider but two: First, was there proper and sufficient foundation laid for introduction in evidence of a written statement or confession of defendant?

[1] The court permitted introduction of the statement of defendant over his objection and offer to prove that this statement was made under duress while defendant was surrounded by an angry crowd making threats and talking of producing a rope, and while defendant was in fear of great bodily harm. The admission in evidence of a confession or statement made under these circumstances constitutes reversible error.

After permitting this statement to go before the jury, its weight and certain impressions would be lodged with the jurors, and the burden would, in effect, be upon defendant to show that the confession was made under threats of violence and in the presence of a crowd of men who were acting like members of a mob. This is prejudicial error.

[2] The defendant signed and acknowledged the statement in the presence of the county attorney with...