Opinion

State v. Brewton

  • 238 Or. 590
  • 395 P.2d 874
  • 1964 Ore. LEXIS 474
Court
Oregon Supreme Court
Filed
Oct 21, 1964
Status
Published
Author
O'Connell
On the bench
McAllister, Rossman, Perry, Sloan, O'Connell, Goodwin, Denecke
Cited by
74 cases
Authority
More cited than 11.3%

“The state and the defendant are agreed upon the principle, established in Oregon since 1881, that when a prior confession is obtained by improper inducement, a presumption arises that any subsequent confession is also the product of such inducement, and the second confession is not admissible unless the presumption is overcome by an affirmative showing that before the second confession was made the hopes or fears which induced the former one had been dispelled.”

How later courts described this case

  • “The state and the defendant are agreed upon the principle, established in Oregon since 1881, that when a prior confession is obtained by improper inducement, a presumption arises that any subsequent confession is also the product of such inducement, and the second confession is not admissible unless the presumption is overcome by an affirmative showing that before the second confession was made the hopes or fears which induced the former one had been dispelled.”
  • "It is the rule in this state that error of the court in refusing to allow a challenge to a juror for cause is waived if the party objecting, after exhausting his peremptory challenges, accepts without objection other jurors to complete the panel."
  • concurring opinion of O'Connell, J.

Written by the judges who cited it.

The opinion

O’CONNELL, J.,

specially concurring.

I concur. I would add only that in my opinion the confession should not he submitted to the jury unless the trial judge is convinced beyond a reasonable doubt that it was voluntarily made. I believe that the jury should also be instructed to the same effect. See Bram v. United States, 168 US 532 , 18 S Ct 183 , 42 L Ed 568 (1897); Johnson v. State, 107 Miss 196, 65 So 218 (1914); Ellis v. The State, 65 Miss 44, 3 So 188 (1887).

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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