Opinion
Gen. No. 42,769. (Abstract of Decision.)
Opinion filed May 2, 1944 Rehearing denied and additional opinion filed June 16, 1944
CRIMINAL PROCEDURE, § 332 — evidence of promised immunity as not sufficient to exclude confession. Where defendant was charged with conspiracy to injure certain employees of a motor express company, and it was contended that confession which was introduced in evidence was not voluntarily made and was testimonially untrustworthy, although there was no claim or suggestion that physical violence was used or threatened, held that the confession would not be excluded upon the mere submission of some evidence of promised immunity to the accused, for if sufficient facts are proved showing that a statement of guilt was freely made a trial court may admit it in evidence although there may be some evidence of threats or promises.
See Callaghan's Illinois Digest, same topic and section number.
Error to the Criminal Court of Cook county; the Hon. JULIUS MINER, Judge, presiding.
Judgment affirmed. Heard in the second division, first district, this court at the June term, 1944;
Win. Scott Stewart, for plaintiff in error.
George F. Barrett, Attorney General, for defendant in error;
Thomas J. Courtney, State's Attorney, Edward E. Wilson, John T. Gallagher, Melvin S. Rembe, Richard B. Austin and Alexander J. Napoli, Assistant State's Attorneys, of counsel.
Not to be published in full. Opinion filed May 2, 1944; rehearing denied and additional opinion filed June 16, 1944.