 | Charles Viner - Law - 1801 - 484 pages
.../CONFESSION of the prifoner obtained by promifes or threats ^ cannot be piven in evidence; for, being forced from the mind by the flattery of hope or the torture of fear, it comes in fo qutftionable a fhape when it is to be confidered as the evidence of guilt, that no credit... | |
 | Leonard MacNally - Evidence, Criminal - 1802 - 420 pages
...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 a fhape, when it is confidered as evidence of guilt, that no credit ought to be given... | |
 | 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... | |
 | 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... | |
 | Law - 1843 - 498 pages
...evidence of that fact." " A free and voluntary confession is deserving the highest credit, . . . but a confession forced from the mind by the flattery...torture of fear comes in so questionable a shape that no credit ought to be given it : therefore it is rejected."1 Without hope or fear, gain or loss, when... | |
 | Great Britain. Court for Crown Cases Reserved - Criminal law - 1837 - 570 pages
...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 of hope, or by the torture of fear, comes in so questionable a shape, when it is to be considered as the evidence... | |
 | Great Britain. Court for Crown Cases Reserved, William Moody - Criminal law - 1839 - 584 pages
...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 of hope, or by the torture of fear, comes in so questionable a shape, when it is to be considered as the evidence... | |
 | Henry Roscoe - Evidence, Criminal - 1840 - 908 pages
...evidence, unless it was made freely and voluntarily, and not under the influence of promises or threats. " A confession forced from the mind by the flattery...torture of fear, comes in so questionable a shape, when it is to be considered the evidence of guilt, that no credit ought to be given to it, and therefore... | |
 | Law - 1842 - 536 pages
...arguments were used, they were probably these: Warickshall's case, 1 Leach, 263, established the doctrine that " a confession forced from the mind by the flattery of hope or by the torture of fear, conies in so questionable a shape, when it is to be considered as the evidence... | |
 | Henry Holmes Joy - Confession (Law) - 1842 - 270 pages
...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 of hope or by the torture of fear, comes in so questionable a shape (a) 1 Leach, CC 263, case 131, Ed. 1815. Old... | |
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But a confession forced from the 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 evidence of guilt, that no credit ought to be given to it; and therefore it is rejected. 
