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61 N.C. 47

State v. Lawson

Supreme Court of North Carolina

Decided June 15, 1866

Supreme Court of North Carolina · decided 1866-06-15

<p>Confessions made by a prisoner, a slave, whilst witnessing torture inflicted upon another prisoner for the same offence, in order to extort confession from him, are not competent evidence.</p>

Decided 1866-06-15

Pearson, C. J.

¶1The case of The State v. George, 5 Jones, 233, is one precisely in point here, and we adopt the opinion delivered in that case as our opinion in this.-

¶2Every thing that the prisoner said and did, after he had witnessed the torture inflicted upon Geor-ge, was “ with the fear of the lash before his eyes.” ! The party had assembled with a determination to find out the truth by means of the lash, forgetful of the rule, — “ The end does not justify the means.”

¶3There is error. This opinion will be so certified.

¶4Per Curiam. Venire ele novo.,,

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