 Under our system society carries the burden of proving its charge against the accused not out of his own mouth. It must establish its case, not by interrogation of the accused even under judicial safeguards, but by evidence independently secured through...  Reports of Cases Argued and Determined in the Court of Appeals of the State ... - Page 34by New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Samuel Hand, Joel Tiffany - 1860Full view - About this book
 | William Waller Hening - Forms (Law) - 1810 - 710 pages
...hope, or by the impressions of fear, however slightly the emotions may be planted, is not admissible evidence : for the law will not suffer a prisoner...made the deluded instrument of his own conviction. Leach's casein Cr. L. 222. l\'arv>ick»halCs case, 4 ffaw. (7M edit.) 425. See also, 4 Bl. Com. 357.... | |
 | Richard Burn - Justices of the peace - 1820 - 894 pages
...defendant by the impression of hope or fear, however slight the emotion may be implanted, is not admissible evidence. For the law will not suffer a prisoner to...made the deluded instrument of his own conviction. A confession forced from the mind by the flattery of hope, or pcr cur. by the torture of fear, comes... | |
 | William Hawkins, John Curwood - Pleas of the crown - 1824 - 806 pages
...hope, or by the impressions of fear, however slightly the emotions may be implanted, is not admissible evidence ; for the law will not suffer a prisoner...made the deluded instrument of his own conviction. t Sect. 35. It also seems clear, that if the confession of a pri- Bull. NP 242. soner be taken upon... | |
 | Richard Burn - Justices of the peace - 1830 - 1086 pages
...however slight the emotion may be implanted, is not admissible evidence ; for the law will not suiter a prisoner to be made the deluded instrument of his own conviction. Gild. Ev. by Lofft, 1 37. A confession forced from the mind by the flattery of hope, or by the torture... | |
 | Great Britain. Court for Crown Cases Reserved - Criminal law - 1837 - 570 pages
...obtained by the impression of hope or fear, however slight the emotion may be implanted, is not admissible evidence; for the law will not suffer a prisoner to...made the deluded instrument of his own conviction." PARK J. That passage does not appear to be CB Gilbert's ; it was probably inserted by the editor Lofft.(a-)... | |
 | Esek Cowen, Nicholas Hill - Evidence (Law) - 1839 - 906 pages
...hope or by the impressions of fear, however slightly the emotions may be implanted, is not admissible evidence ; for the law will not suffer a prisoner...made the deluded instrument of his own conviction." (2 Curw. Hawk. 595, cited from Leach's Hawk, and approved in State v. Aaron, 1 South. 239.) And see... | |
 | Great Britain. Court for Crown Cases Reserved, William Moody - Criminal law - 1839 - 584 pages
...obtained by the impression of hope or fear, however slight the emotion may be implanted, is not admissible evidence ; for the law will not suffer a prisoner...made the deluded instrument of his own conviction." PARK, J. — That passage does not appear to be C. B. Gilbert's; it was probably inserted by the editor... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1851 - 860 pages
...impression of fear, however slight the emotion may be, are not admissible, for the law will not permit a prisoner to be made the deluded instrument of his own conviction. 2 Phil. Ev. 242, et sea. All the confessions in this case were mads by the prisoner whilst he was bound... | |
 | Louisiana. Supreme Court - Law reports, digests, etc - 1849 - 814 pages
...however slightly the emotions may be implanted, is nut admissiblti evidence ; for the law will not sutler a prisoner to be made the deluded instrument of his own conviction." 2 Curw. Hawk. 595, cited from Leach's Huwk. and approved in Stale v. Aaron, 1 South. 239. Phillips... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 608 pages
...Baron HOTHAM, in Thompson's case, that " too great a chastity cannot be preserved on this subject." (Leach's CC 291.) There is a passage in Hawkins that...Hawkins, and is no part of the original text. (Joy on Con., 31.) But however this may be, it does not require the authority of Hawkins, or any other great... | |
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