106 Kan. 253 | Kan. | 1920
Blanche Hayes was prosecuted for feloniously shooting and killing her husband and was found and adjudged to be guilty of murder in the first degree.
The testimony produced in evidence included a written confession of the defendant giving the details of the homicide, and the only questions presented on this appeal relate to the admission of this confession. The objection to the confession, which had been reduced to writing, signed and sworn to before the clerk of the district court, was that it was involuntary. She testified that she was pressed by the officers and F. .J. Evans, who reduced her statements to writing, to enter a plea of guilty, and it was suggested that if she would confess and enter a plea of guilty, the penalty inflicted would be reduced to that for murder in the second degree. On the other hand, Evans testified that the' defendant had said that she desired to make a statement in reference to her husband’s death. First, she talked to him about her children and the family property, and then proceeded to relate the circumstances of the tragedy and the part she had taken in it. At the conclusion of her story Evans asked her if she was willing to make and sign a written statement of the facts she had related, and to this she consented. Evans then sat down at a typewriter and the answers she gave in response to his questions were written down and at the end of each statement or paragraph it was read to her and her assent to its correctness given. At the end of the writing the complete statement was read over to her, and afterwards she took it and read it throughout in the presence of the clerk of the district court, who had been called in to witness the signature and administer the oath. The clerk testified that she read, or appeared to read, it over at length and then placed her signature to the writing and swore to the truth of the statements contained in it. Her testimony that inducements were held out to her by Evans that the penalty would be reduced, before the confession was made, are directly denied by him. He did testify that after the statements had been made and the confession signed and sworn to, he did suggest to the county attorney that if he were acting in the capac
It is insisted that the defendant was hurried from the place of arrest before she could consult an attorney, but the arresting officer was not required to stop on the way for consultation .with an attorney until he had obeyed the command of
In the instructions the court left to the jury the credibility and weight to be attached to the confession, and in her brief no complaint is made of the instructions. It must be held that the confession was voluntary and properly admitted in evidence.
Judgment affirmed.