Cady v. State

Citations

• 44 Miss. 332

Syllabus

<p>1. Evidence — Confessions—Genebae hule. — The rule as to the admission of confessions as evidence is, that thoy must be voluntary and free, nor induced by the expectation of any advantago held out or promised, nor extorted to escapo harm or injury present and imminent or threatened. Confesssions must not proceed from a mind influenced to make them by the hope of a reward or benefit offerod; or by the fear of injury or punishment threatened. Some extraneous pressure in the one direction or the other must be proved in order to show that the confessions are not voluntary. Whether the confessions in a particular case ought or ought not to be received in evidence, depends very much on the special circumstances of that caso.</p> <p>2. Motives of concession — Pkesumptions.—Where the confessions have been induced by a promise or by a threat, similar admissions subsequently made, will be presumed to have been mads under the same motive, unloss all tho facts accompanying it remove such presumption, and create the belief that such motivo had ceased to havo influence on the mind. 2 East P. C., 658; Roscoe’s Or. Ev., 30; Peter v. State, 4 S. & M., 37.</p> <p>3. unwabbantable inducebients. — Anything reasonably tending to hold out tho hope or promise of roward or benefit for confession, or tending to create a fear of punishment or injury for tho failure to confess, is, in law, an unwarrantable induce-1, ment to confess. But an appoal to tho character or circumstances of the party, such as his family, his situation in life, the claims of justice of others whoso rights or safety may be involved in his declaring the truth, to his responsibility to the Almighty for falsification or suppression of the truth, these might be inducements to make a confession, and yot such confessions would not necessarily be incompotent, the inducement not boing illegal. 39 Miss., 711. '</p> <p>4. Relation op accused and pabty to whom he confesses. — The relation of tho party to whom the confession is