Whitley v. State

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtTERRAL, J.
PartiesJOHN WHITLEY v. STATE OF MISSISSIPPI
Decision Date12 November 1900

28 So. 852

78 Miss. 255

JOHN WHITLEY
v.
STATE OF MISSISSIPPI

Supreme Court of Mississippi

November 12, 1900


October, 1900

FROM the circuit court of DeSoto county HON. Z. M. STEPHENS, Judge.

Whitley, the appellant, was indicted and convicted of murder in the court below, and appealed to the supreme court. The facts are stated in the opinion of the court.

Reversed and remanded.

Farley & Lauderdale, for appellant.

The first confession should not have been admitted in evidence, because it was extorted by threats. Its admission was an outrage on defendant, which was not relieved of its consequences by the court subsequently excluding it from consideration by the jury.

The second confession was made under the influence of the threats by which the first one was extorted. The state did not show, or even offer or attempt to show, that the influence was removed. Such an influence is presumed to continue, especially where the second confession is made to or in the presence of the parties who extorted the first confession. Peter v. State, 4 Sined. & M., 31.

Monroe McClurg, attorney-general, for the appellant.

The following authorities maintain the admissibility of the statement by defendant about the sack and the money: 1 Wharton on Crim. Ev., 695; 1 Greenleaf on Ev., 332; Belote v. State, 36 Miss. 96; 6 Am. & Eng. Enc. L. (2d ed.), 551. The court below excluded the first confession, and the second one was not extorted.

OPINION

[78 Miss. 256] TERRAL, J.

John Whitley was sentenced to be hanged by the circuit [78 Miss. 257] court of DeSoto county, and he appeals from the judgment of the court. Meriwether and Gore, the latter being a deputy sheriff, rescued the defendant from the hands of a mob, and held him in custody for the murder of Brice Martin. On the [28 So. 853] day of the arrest, upon the threat of Meriwether and Gore to deliver him back to the mob unless he should confess to the killing of Martin, and upon their assurance that the mob would kill him if delivered to them, the defendant made a circumstantial statement of the killing of the deceased without any provocation, and of getting from Martin's person a sack containing $ 6.50 or $ 7.50, and of hiding the money at a certain place designated by him and known to them, where, the next day, the sack and money were found. These confessions were admitted by the court as being freely and voluntarily given, and proof, also, was made as to the finding of the sack and...

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26 practice notes
  • Brown v. State, 31375
    • United States
    • Mississippi Supreme Court
    • April 29, 1935
    ...Mathews v. State, 59 So. 842; Banks v. State, 47 So. 437; State v. Smith, 18 So. 482; White v. State, 91 So. 150; Sweat Box case, 32 So. 9; 28 So. 852; Stubbs v. State, 114 So. 827; Lofton v. State, 116 So. 435; Fisher v. State, 110 So. 361; Johnson v. State, 140 So. 683; Hathorn v. State, ......
  • Owen v. State, 32379
    • United States
    • United States State Supreme Court of Mississippi
    • December 14, 1936
    ...1 Greenl. Evidence 221; Peter v. State, 4 Sm. & M. 31; Van Buren v. State, 24 Miss. 516; Simon v. State, 37 Miss. 288; Whitley v. State, 78 Miss. 255; 1 Wigmore on Evidence, 986; State v. Smith, 72 Miss. 420; Harvey v. State, 20 So. 837; Fisher v. State, 110 So. 361, 145 Miss. 116; McMaster......
  • Pullen v. State, 32065
    • United States
    • United States State Supreme Court of Mississippi
    • May 11, 1936
    ...So. 482; Johnson v. State, 107 Miss. 196, 65 So. 218; Ammons v. State, 80 Miss. 592, 32 So. 9, 18 L. R. A. (N. S.) 768; Whitley v. State, 78 Miss. 255, 28 So. 852; Fisher v. State, 145 Miss. 116, 110 So. 361; Hampton case, 88 Miss. 257, 40 So. 445. There was an obstinate denial of any conne......
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...on Criminal Evidence (2 Ed.), sec. 126; People v. McMahou, 15 N.Y. 384; Whip v. State, 143 Miss. 757, 109 So. 697; Whitley v. State, 78 Miss. 255, 28 So. 852, 53 L. R. A. 402; Durham v. State, 47 So. 545; Reason v. State, 94 Miss. 290, 48 So. 820; Fisher v. State, [175 Miss. 635] 145 Miss. ......
  • Request a trial to view additional results
26 cases
  • Brown v. State, 31375
    • United States
    • Mississippi Supreme Court
    • April 29, 1935
    ...Mathews v. State, 59 So. 842; Banks v. State, 47 So. 437; State v. Smith, 18 So. 482; White v. State, 91 So. 150; Sweat Box case, 32 So. 9; 28 So. 852; Stubbs v. State, 114 So. 827; Lofton v. State, 116 So. 435; Fisher v. State, 110 So. 361; Johnson v. State, 140 So. 683; Hathorn v. State, ......
  • Owen v. State, 32379
    • United States
    • United States State Supreme Court of Mississippi
    • December 14, 1936
    ...1 Greenl. Evidence 221; Peter v. State, 4 Sm. & M. 31; Van Buren v. State, 24 Miss. 516; Simon v. State, 37 Miss. 288; Whitley v. State, 78 Miss. 255; 1 Wigmore on Evidence, 986; State v. Smith, 72 Miss. 420; Harvey v. State, 20 So. 837; Fisher v. State, 110 So. 361, 145 Miss. 116; McMaster......
  • Pullen v. State, 32065
    • United States
    • United States State Supreme Court of Mississippi
    • May 11, 1936
    ...So. 482; Johnson v. State, 107 Miss. 196, 65 So. 218; Ammons v. State, 80 Miss. 592, 32 So. 9, 18 L. R. A. (N. S.) 768; Whitley v. State, 78 Miss. 255, 28 So. 852; Fisher v. State, 145 Miss. 116, 110 So. 361; Hampton case, 88 Miss. 257, 40 So. 445. There was an obstinate denial of any conne......
  • Keeton v. State, 31931
    • United States
    • United States State Supreme Court of Mississippi
    • April 6, 1936
    ...on Criminal Evidence (2 Ed.), sec. 126; People v. McMahou, 15 N.Y. 384; Whip v. State, 143 Miss. 757, 109 So. 697; Whitley v. State, 78 Miss. 255, 28 So. 852, 53 L. R. A. 402; Durham v. State, 47 So. 545; Reason v. State, 94 Miss. 290, 48 So. 820; Fisher v. State, [175 Miss. 635] 145 Miss. ......
  • Request a trial to view additional results

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