People v. Castro

Citations

• 125 Cal. 521
• 58 P. 133
• 1899 Cal. LEXIS 892

Syllabus

<p>Criminal Law—Evidence—Confessions of Defendant—Inducement—Burden of Proof.—The burden is on the prosecution to show that confessions of a defendant charged with crime were made voluntarily and without previous -inducement; and where it appears that the defendant at first denied his guilt, and afterward confessed to the sheriff under improper representations and inducements held out to him, it must be shown that confessions made to the deputy sheriff and to the jailer were not only without inducements held out by them, but also that they were not induced by those held out to him by the sheriff, in order to justify their admissibility.</p> <p>Id.—Sufficiency of Objections to Evidence—Motion to Strike Out.—Where the court refused to permit the defendant to show that confessions offered in evidence were made under promises of exemption from a heavy penalty, and overruled his objection that the state must show more than that no inducements were held out at a particular conversation, such rulings and exceptions were sufficient, without repetition, to cover ail confessions thereafter offered, and to justify a motion to strike out all evidence of confessions to various persons not shown to have been induced by representations which were proven to have been.held out by the sheriff.</p>