 | Thomas Leach - Criminal law - 1815 - 706 pages
...therefore it is admitted as proof of the crime to 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 when it is to be considered as the WA1|tCK" evidence of guilt, that no credit ought to be given to... | |
 | Great Britain. Courts - Criminal law - 1815 - 704 pages
...the crime to which it refers ; but a confession forced from the 17S3. mind by the flattery of hone, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore... | |
 | Joseph Chitty - Criminal law - 1819 - 752 pages
...b. 2. c. 46. s. 36. Crim. Law. VOL. i. H rejected from a regard to public faith, but, because, when forced from the mind by the flattery of hope, or by the torture of fear, it comes in so questionable a shape, that no credit should be given to it by a jury, (x) The justice... | |
 | Joseph Chitty - Criminal law - 1819 - 852 pages
...guilt (w). A confession so obtained is not rejected from a regard to public faith, but, because, when forced from the mind by the flattery of hope, or by the torture of fear, it comes in so questionable a shape, that no credit should be given to it by a jury (x). The justice... | |
 | William Dickinson - Criminal law - 1820 - 922 pages
...rejected as inadmissible, under a consideration, whether they arc, or are not, entitled to credit : and a confession forced from the mind, by the flattery of hope, or by the torture of apprehension, comes in so questionable a shape, when it is to be considered as the evidence of guilt,... | |
 | Richard Burn - Justices of the peace - 1820 - 894 pages
...evidence. For the law will not suffer a prisoner to be 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 in so questionable a shape, when it K. v. Jane is to be considered... | |
 | Joseph Chitty - Criminal law - 1826 - 1018 pages
...guilt (a). A confession so obtained is not rejected from a regard to public faith, but, because, when forced from the mind by the flattery of hope, or by the torture of fear, it comes in so questionable a shape, that no credit should be given to it by a jury (b). The justice... | |
 | Law - 1843 - 498 pages
...no evidence of that fact." " A free and voluntary confession is deserving the highest credit, . . . but a confession forced from the mind by the flattery of hope or the torture of fear comes in so questionable a shape that no credit ought to be given it : therefore... | |
 | Richard Burn - Justices of the peace - 1830 - 1086 pages
...suiter a prisoner to be made the deluded instrument of his own conviction. Gild. Ev. by Lofft, 1 37. P 4 VU FU w 7 "J U FQ @ /> Hҳ %2 ] Ұ 4 o h |` ve ? xUR q2 B 4Ъug \ )e ,U @ ; v Q wh«i it is to be considered as the evidence of guilt, that no credit ougbt to be given to it, and... | |
 | Great Britain. Court for Crown Cases Reserved - Criminal law - 1837 - 570 pages
...law and the principle of it is fully explained by the court in Warwickshall's case, 1 Leach, 299- " Confessions are received in evidence, or rejected...torture of fear, comes in so questionable a shape, when it is to be considered as the evidence of guilt, that no credit ought to be given to it, and therefore... | |
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A free and voluntary confession is deserving of the highest credit, because it is presumed to flow from the strongest sense of guilt, and therefore it is admitted as proof of the crime to which it refers. But a confession forced from the mind by the flattery... 
