The American and English Encyclopedia of Law Volume 6 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...In this case, however, the confession was inadmissible because made under undue influence. 2. Ancient English Statute Directing Preliminary Examination.--1 and 2 Philip and Mary, c. 13: 2 and 3 Philip and Mar)', c. 10; I Chitty Cr. L. 87. Authentication of Writing by Magistrate--Texas.--Under the Texas statute it has been held that unless the written voluntary statement containing the prisoner's confession was authenticated by the magistrate before whom it purported to have been made, it is inadmissible in evidence. Walker v. State, 28 Tex. App. 112; Guy v. State, 9 Tex. App. 161. Oregon.--Also under Hill's Anno. Laws Oregon, 1598, subd. 4, it has been held that a statement made by one accused of crime, on his preliminary examination, must be signed and certified to by the magistrate, so as to be admissible in evidence on a subsequent trial. State v. Hatcher, 29 Oregon 309. 3. Signature of Prisoner Not Essential.--1 Chitty Cr. L. 87; Rex v. Lambe, 2 Leach C. C. 552; Rex v. Thomas, 2 Leach C. C. 637; People v. Johnson, 1 Wheel. Cr. Cas. (N. Y.) 193; Com. v. Boyer, 2 Wheel. Cr. Cas. (N. Y.) 150; People v. Robertson, 1 Wheel. Cr. Cas. (N. Y.) 66; State v. Stoops, Add. (Pa.) 381. Compare Rex v. Pressly, 6 C. & P. 183, 25 E. C L. 345. But by Statute in Delaware it must appear that the written examination of the accused was approved and signed by him. State v. Harman, 3 Harr. (Del.) 567; State v. Brister, 1 Houst. Cr. Cas. (Del.) 150. Signature Refused by Prisoner.--Where the examination of a prisoner before a magistrate has been taken down in writing according to statute, and is read over to him, and he is told that he may sign it or not as he chooses, it has been held that if he declines to sign it, it will not be admissible in evidence against him a...