Sparf & Hansen v. U S, 156 U.S. 51 (1895)

January 21, 1895

No. 613

U.S. Supreme Court October 1894: Melville W. Fuller (chief)
Stephen J. Field

John M. Harlan 
Horace Gray 
David J. Brewer 
Henry Billings Brown 
George Shiras, Jr. 
Howell E. Jackson 
Edward D. White

Syllabus

   1.The mere fact that one is confined under charge of a capital
     offense does not make his confession involuntary. 
   2.A general objection made on the joint trial of two persons for
     murder, by counsel representing both, to the confession of one,
     made after the homicide, and not in the presence of the other, as
     incompetent, is sufficient to entitle the latter to have it excluded
     as to him. Mr. Justice Brewer and Mr. Justice Brown,
     dissenting. 
   3.In criminal cases, the determination of the law is for the court,
     and not for the jury. Mr. Justice Gray and Mr. Justice Shiras
     dissenting. 
   4.Where the evidence in a criminal trial tends to show the
     commission of the crime charged. It is proper to instruct that
     there can be no conviction of an offense included in or less than
     the one charged. Mr. Justice Gray and Mr. Justice Shiras
     dissenting. 

In Error to the Circuit Court of the United States for the Northern
District of California.

F. J. Kierce, for plaintiffs in error. Asst. Atty. Gen. Conrad, for the
United States.

Mr. Justice Harlan delivered the opinion of the court.



