Austine v. People

Citations

• 51 Ill. 236

Syllabus

<p>1. Evidence—written admission of guilt—made with a mew to compromise—not admissible. The written admission of a party accused of crime, made with a view to compromise the matter with the injured party, on the basis that he should not be prosecuted, is not admissible as evidence on indictment for such offense.</p> <p>2. Same—confessions—rule as to. The rule is, a confession can never be received in evidence, when the prisoner has been influenced by any threat or promise.</p> <p>3. Same—ride in wiminal cam—not essentially different in civil cases. In civil cases, what is confessed by way of compromise, or to buy peace, is never allowed to be taken advantage of and made evidence; and this rule is not essentially different in criminal cases.</p> <p>4. Same—on examination of a prisoner—the precise language used should he taken down. When resort is had to the examination of a prisoner, care should be taken that such examination is taken down in the precise words used by him, as the change of a word might change the character of the confession really made.</p> <p>5. Same—copy of a confession—made from memory. And it would be unsafe to permit a copy of such confession to be given in evidence, written out from mere recollection of the contents of the original, after a lapse of nearly two years.</p> <p>6. Same—character of proof—to sustain charge of ra/pe. Where the offense charged is rape, the evidence to support it should not be of a questionable character, but sufficient to remove all reasonable doubt from the minds of the jury.</p>