6 Mont. 12 | Mont. | 1886
The appellant was convicted of the crime of robbery. Upon the trial the court gave the following instruction:
“ If you believe that the defendant admitted that he had robbed Bracket at the time charged in the indictment, then this admission is as good proof against him as if -an eyewitness had testified that°he saw him perpetrate the crime.” This instruction was erroneous. In the case of Territory of Montana v. McOlin, this court said: “We are of opinion that a conviction upon the testimony of confessions alone is not warranted by the authorities,” citing the following: 1 Greenl. Ev. sec. 211; Phillips’ Ev. 542, 543; People v. Hennessey, 15 Wend. 148; People v. Badgley, 16 id. 53. See, also, Whart. Cr. Ev. sec. 632.
The judgment is reversed, with costs, and the cause remanded for a new trial.
Judment reversed.