185 Mass. 402 | Mass. | 1904
1. “ When a confession is offered in evidence, the question whether it is voluntary is to be decided primarily by the presiding justice. If he is satisfied that it is voluntary, it is admissible; otherwise, it should be excluded. When there is conflicting testimony, the humane practice in this Commonwealth is for the judge, if he decides that it is admissible, to instruct the jury that they may consider all the evidence, and that they should exclude the confession, if, upon the whole evidence in the case, they are satisfied that it was not the voluntary act of the defendant.” Morton, J. in Commonwealth v. Preece, 140 Mass. 276, 277, citing cases. That practice was followed in the present case; and the question is whether the evidence on the voir dire warranted the judge in coming to the conclusion that the confession, was voluntary. While it may be true that when an arresting officer tells his prisoner that he “ had better tell the truth,” the general rule is that the confession is inadmissible, still, after all, the real question in any case
2. The question whether tramps were in the habit of going into the barn was properly excluded, as also was the evidence as to the cost of the building. Under the circumstances of this case the presiding judge may well have thought that those matters were too remote to be of any practical use to the jury in deciding upon the guilt of the defendant or the credibility of the witness Smith, who was the owner of the building.
Exceptions overruled.