defendant had testified that, after hours of beating and death threats, he “would have agreed with anything in the world just to be let alone”
How later courts described this case
- defendant had testified that, after hours of beating and death threats, he “would have agreed with anything in the world just to be let alone”
Written by the judges who cited it.
Later courts went against this
Overruled in part by People v. Cahill, 5 Cal. 4th 478 (1993)
The following decisions are overruled to the extent they hold or indicate that the erroneous admission of a confession is reversible per se under California law: People v. Berve, supra, 51 Cal.2d 286, 290; People v. Trout, supra, 54 Cal.2d 576, 585; People v. Brommel, supra, 56 Cal.2d 629, 634; People v. Matteson, supra, 61 Cal.2d 466, 469-470;
The opinion
McCOMB, J.
I dissent.
In my opinion, a review of the entire record, including the testimony of Deputy Sheriff Peterson, corroborated by the statements of the defendant himself, shows that the evidence was sufficient to justify the court in finding, as it did, that the confession of defendant was free and voluntary. There can be no question of defendant’s guilt. I would affirm the judgment.
Shenk, J., and Spence, J., concurred.
Respondent’s petition for a rehearing was denied December 30, 1958. Shenk, J., Spence, J., and Me Comb, J., were of the opinion that the petition should be granted.