<p>Criminal Law. Evidence. Before Judge Bower. Webster Superior Court. October Term, 1885.</p> <p>Reported in the decision.</p>
Decided 1886-05-01
Jackson, Chief Justice.
¶1The defendant was found guilty of larceny from the *787house, and comes to this court on a single exception presented by his counsel.
¶2That is, 1 hat a witness* was allowed to testify that “ sometime atier Christmas, defendant came to see my husband and. said, ‘ Bill, you presented me at court. Now, if you swear to the tracks, I’ll be hurt, and if you don’t, I won’t be hurt. Now, I want you to go to my lawyers and swear them tracks did not get the cotton. I had rather pay a bale of cotton, or a hundred dollars, than for you to do it.’ ” Defendant’s counsel objected,on the ground that, if the evidence was in tlxe nature of confessions, he desired to examine the witness, in the absence of the jury, as to its admissibility; and further, that it was in the nature of a confession without more. On this, error is assigned here. There is none.
