People v. Columbus

Defendant appeals from a judgment of conviction and an order denying his motion for new trial. The evidence tending to establish his guilt consists of the direct testimony of a little girl, five years of age, and his own written, signed confession, made by him at the police station on the evening of the alleged crime, in the presence of a number of police officers. The prosecution’s preliminary evidence upon the admissibility of the confession, as the free and voluntary act of the accused, consists of the testimony of two police officers who testified that defendant made his confession freely and voluntarily. Upon the introduction of this preliminary evidence, the district attorney offered the confession in evidence. To this offer defendant objected, his counsel stating that he wanted to put the defendant himself upon the stand, before the document was read in evidence, to testify in regard to the circumstances under which he claimed the confession was made. Defend ant’s announced purpose was to contradict the testimony of the two police officers that the confession had been given freely and voluntarily, by testifying that it was procured through fear, induced by the threatening…