Opinion

People v. Berve

  • 51 Cal. 2d 286
  • 332 P.2d 97
  • 1958 Cal. LEXIS 232
Court
California Supreme Court
Filed
Dec 5, 1958
Status
Published
Author
McCOMB
On the bench
Carter, McComb
Cited by
72 cases

Overruled in part by People v. Cahill, 5 Cal. 4th 478 (1993)

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;
    California Supreme CourtJun 28, 1993in partRead it

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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