| Leonard MacNally - Evidence, Criminal - 1802 - 418 pages
...confeffion is deferving of the higheft credit, becaufe it is prefumed to flow from the higheft fenfe of guilt, and therefore it is admitted as proof of the crime to which it refers ; but a confeffion forced from the mind by the flattery of hope or the torture of fear, comes in fo queftionable... | |
| Thomas Leach - Criminal law - 1815 - 706 pages
...or rejected as inadmissible, under a consideration whether they are or are not intitled to credit. A free and voluntary confession is deserving of the...which it refers ; but a confession forced from the 1783. mind by the flattery of hope, or by the torture of fear, comes • in so questionable a shape... | |
| William Dickinson - Criminal law - 1820 - 922 pages
...menace or undue terror. T..IM- vniun- But where it is free and voluntary, it is deserving of the tar-Y° highest credit, because it is presumed to flow from the strongest sense of guilt ; and it is therefore admitted as proof of the crime to which it refers, f But confessions are received in... | |
| Great Britain. Court of King's Bench - Justices of the peace - 1838 - 818 pages
...the inducements by which it was procured ; and, if so, it is certainly not receivable in evidence. A free and voluntary confession is deserving of the highest credit, because it is presumed to How from a sense of guilt ; but a confession procured by such means as those used in the present case... | |
| Henry Roscoe - Evidence, Criminal - 1840 - 908 pages
...swears against it. Gilb. Ev. 137. So it is stated by the court in WarickshalFs case, 1 Leach, 263, that a free and voluntary confession is deserving of the...highest credit, because it is presumed to flow from the highest sense of guilt, and therefore, it is admitted as proof of the crime to which it refers. On... | |
| Henry Holmes Joy - Confession (Law) - 1842 - 270 pages
...flows, in the language of the court in Warrickshall's case(a), " from the strongest sense of guilt, it is admitted as proof of the crime to which it refers." It seems difficult to imagine that a man under spiritual convictions, and the influence of religious... | |
| Louisiana. Supreme Court - Law reports, digests, etc - 1849 - 814 pages
...Evidence. § 219, vol. 1, p. 263. "A free nnd voluntary confession," said Eyre, CB in Warickshall's case, " is deserving of the highest credit, because it is...admitted as proof of the crime to which it refers; hut a confession, forced from the mind by the flattery of hope, or by the torture of fear, comes in... | |
| Henry Roscoe - Evidence, Criminal - 1852 - 988 pages
...deserving of the highest credit, because it is presumed to flow from the highest sense of guilt, ind therefore, it is admitted as proof of the crime to which it refers. On the other hand, it is said by Mr. Justice Foster, (Discourses, 243,) that hasty confesBOBS made... | |
| Law reports, digests, etc - 1853 - 954 pages
...the inducements by which it was procured ; and, if so, it is certainly not receivable in evidence. A free and voluntary confession is deserving of the...highest credit, because it is presumed to flow from a sense of guilt ; but a confession procured by such means as those used in the present case is of... | |
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