Barnes v. State

Citations

• 36 Tex. 356

Syllabus

<p>1. Confessions made while under arrest, and induced by promises or threats, cannot be used against the party making them.; and it is a presumption of law that the influence of the threats or promises continued to operate, until such a period as rebutting proof clearly shows that it had ceased to operate.</p> <p>2. The clear purport and intent of Article 3127, Paschal’s Digest, is, that the confession of a defendant shall not be used in evidence against him, unless it he made to appear that at the time the confession was made, it was voluntarily made, after having been cautioned that it might be used against him ; that the caution must immediately precede the confession, and also that after the caution the confession was voluntary.</p> <p>3. See this case for confessions held not to be voluntary.</p>