Williams v. State

Citations

• 72 Miss. 117

Syllabus

<p>1.Evidence. Confession. Competency. Reasonable doubt.</p> <p>Where a confession is offered, the court, by prelim nary examination, should determine its competency, and exclude it if there be a reasonable doubt as to its having been voluntary. Ellis v. State, 65 Miss., 44.</p> <p>2.Confession. Admissibility. Procedure. Instruction.</p> <p>Though the court, on preliminary examination, shall admit a confession, either side may prove all the facts relative to it, either as to its competency or its credibility; and if, at any time during' the trial, it is made to appear that it is not competent, it should be excluded. Its competency being for the court, it is not proper to admit the confession, and instruct that the jury may disregard it unless believed to be voluntary. Though not bound- to credit it merely because admitted, it is only when, after consideration, it is disbelieved that the jury may disregard it.</p> <p>3.Same. Competency. Threats. Case.</p> <p>Accused, a negro, was arrested and charged with murder by armed negroes; was tied, and taken into the woods, where he was told by one of the crowd, an elder of his church, that, if he did the killing, it was best to confess, but that only a voluntary and truthful confession was desired. No direct threats were made. He thereupon admitted killing deceased with a stick, but soon denied it. He was then taken further, and threatened with hanging, to compel him to point out the stick, one of the party ascending' a tree, as if to adjust the rope; whereupon, he again confessed, and pointed out the stick. This was fifteen or twenty minutes after the first confession. Held, that the threats and the demonstration to hang were so intimately connected with both confessions as to show them involuntary and incompetent. Cady v. State, 44 Miss., 332, overruled.</p>