65 Ala. 492 | Ala. | 1880
— A defendant in a criminal case is never regarded as having been in legal jeopardy, when the
The confessions of the prisoner were properly admitted. They are shown to be voluntary, and not to have been induced by promises or threats, nor obtained by the influence of hope or fear applied by a third person to the prisoner’s mind. — Murphy v. State, 63 Ala. 1; Brisler v. State, 26 Ala. 107. Confessions are always considered free and voluntary, which are not shown to have been “ forced from the mind by the flattery of hope, or by the torture of fear.” 1 Greenl. Ev. § 219.
It was not a valid objection to the testimony of the witness Hardy, that he did not recollect all the conversation had with the prisoner at the time she made the confession. It was competent for the witness to state all that he did recollect, and the weight or sufficiency of the evidence could be judged of by the jury. This in no manner militates against the principle, that the whole of what the prisoner said on the subject should be taken together, — a rule which has been well pronounced to be “ the dictate of reason, as well as humanity.” — Pond v. State, 55 Ala. 196; Levison v. State, 54 Ala. 520; 1 Greenl. Ev., § 218.
Let the judgment of the Circuit Court be affirmed.