| Leonard MacNally - 1802 - 418 страници
...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... | |
| Great Britain. Courts - 1815 - 704 страници
...or are not intitlcd to credit. A free and voluntary confession is deserving of the highest credit, because it is presumed to flow from the strongest...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... | |
| Joseph Chitty - 1819 - 752 страници
...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 - 1819 - 852 страници
...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 - 1820 - 922 страници
...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... | |
| Richard Burn - 1820 - 894 страници
...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 - 1826 - 1018 страници
...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... | |
| 1843 - 498 страници
...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 - 1830 - 1086 страници
...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... | |
| Henry Roscoe - 1840 - 908 страници
...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 the other hand, it is said by Mr. Justice Foster, (Discourses, 243,) that hasty confessions made... | |
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