Jones v. State

Citations

• 58 Miss. 349

Syllabus

<p>1. Confession. By prisoner. Inducement. In presence of sheriff. Effect of warning.</p> <p>L., a sheriff, went into the jail under his charge, in company with W., who wished to see some of the prisoners. While in the cell where A. was confined, they were told by another prisoner therein “ that A. wanted to make a statement to the sheriff; that his father had sent him word that if he knew anything about the killing of J., it would be best for him to tell the whole truth;” The sheriff replied, “ that if A. did tell what he knew it must be voluntary, and he need expect no favors from him.” W. then told A. that it would be best for him to tell the whole truth, and urged him to do so; whereupon A. made a statement admitting his connection with the killing of J. The sheriff, on the next day, returned with writing materials, and after again warning A. that his confession must be voluntary, and that he could promise him nothing, took down in writing his detailed statement. Upon the trial of A. it was objected that his confession was incompetent evidence, because the inducement thereto was held out by W. in the presence of the sheriff. Held, that the warning given by the sheriff excludes the idea that he sanctioned the inducement, and as it must be regarded as held out by a private person, without authority over the prisoner or power over the prosecution, and assuming none, the circuit judge was well warranted in treating the confession as voluntary.</p> <p>2. Same. Proven in evidence. Motion to suspend trial. Case in judgment.</p> <p>In the case above stated, when L. had related in evidence the circumstances of A.’s confession, the latter made a motion to suspend the trial to give time for W. to be had as a witness, to testify to what occurred at the time the confession was made — affirming through his counsel, not under oath, that he was influenced by W. assuring him that it would be best for him to tell the whole truth. The counsel also stated that W. resided within sev