Henry G. Bunn

Name: Redd v. State
Author: Henry G. Bunn

Redd v. State (1897)

Summary

“Redd v. State”, published in 1897, is a work by Henry G. Bunn. It explores elements such as defendant, confession and testimony.

Quotes from Redd v. State (Henry G. Bunn)

Henry G. Bunn, Redd v. State (1897)

“ If we should concede that the fact that another person who had committed suicide by stabbing himself still held the knife tightly clasped in his hands after death was proper evidence for the jury to consider in this case—a proposition we consider at least doubtful—yet it is clear that the testimony here was based on nothing but hearsay. No witness testified that these men, found after death with knives in their hands, committed suicide, but only that it was supposed they had done so. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ The testimony of one witness may make no impression, but that of another may carry conviction. We cannot look into the minds of the jury to discover what effect this testimony had upon their conclusions as to the guilt of the defendant; but, as it was incompetent, was admitted against the objection of appellant, and bore upon a material point in the case, we must hold that its admission was prejudicial error, and entitled the appellant to a new trial. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ In a case such as we have here, where the confession is established mainly by the testimony of two negroes, both in jail, one charged with the same crime of which appellant is charged, and the other charged with larceny, we think the jury should be told that the first question for them to determine in reference to the confession is whether they believe from the evidence that defendant has made a confession. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ A conviction cannot be had in any case of felony upon the testimony of an accomplice, unless corroborated by other evidence tending to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows that the offense was committed, and the circumstances thereof. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ Where two or more persons are indicted in the same indictment, and the court is of opinion that the evidence in regard to a particular individual is not sufficient to put him on his defense, it must, on motion of either party desiring to use such defendant as a witness, order him to be discharged from the indictment, and permit him to be examined by the party so moving. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ For the purpose of determining the question whether or not the deceased came to his death by murder or suicide, the expert testimony of a physician was taken as to whether or not, in similar cases, the muscles of the hands would be apt to remain rigid or relax after death, the fact in this case being that the pocket knife found in the hand of deceased was loose, and not held by a rigid grasp. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ Admissibility of confession of accomplice.But this instruction is subject to another objection more serious than the one noticed, for it says to the jury that if "you believe that the defendants, or either of them, confessed to the killing of Skipper; as charged in the indictment, and that both of the defendants participated in the killing, you may convict." The jury might understand from this language that if either of the defendants made a confession, and the jury believed from such confession that both were guilty, they should convict both. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ Admissibility of non-expert testimony.Afterwards the defendant Redd was indicted jointlyay with Johnson and McKay for the murder of Skipper. Upon the trial counsel for the state undertook to show by the testimony of experts, and by proof of certain facts and circumstances, that the death of Skipper was not caused by himself, but by the hand of another. For this purpose, they introduced a medical expert, who testified that, in case of suicide by stabbing, the deceased would be likely to hold the knife tightly grasped in the hand, so that after death it would be extracted with difficulty. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ The language of the statute on the subject, as digested in Sandels & Hill's Digest, is as follows:
"Section 2911. 'When two or more persons are indicted in the same indictment, either may testify in behalf of or against the other defendant or defendants." Act approved March 2, 1893. ”

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Source: Wikisource

Henry G. Bunn, Redd v. State (1897)

“ There were spots of blood also found on and about the logs, which indicated that persons about the time of the death had stood or walked on these logs. Various other indications of a struggle were observable at and near the place, and detailed in evidence. The higher or second bank of the bayou hid the body from the view of those passing along the neighboring road. ”

Henry G. Bunn

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