People v. O'Brien

NOURSE, J.

Defendant appeals from a judgment following a verdict of guilty of burglary in the first degree. The crime was committed by the breaking into a store in Palo Alto and taking therefrom a large quantity of silks. Two men were seen lurking around the rear of the store empty-handed at about 1 A. M. on the night of the crime, and some time later were seen coming out of the store with three suitcases and a grip. They were then seen nea,r the railway depot about 2:30 A. M. by a police officer. On the approach- of the officer both men fled, dropping the suitcases, which were filled with the articles stolen from the store. Defendant’s companion was immediately captured by the

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officer, while defendant was taken into custody between Palo Alto and Redwood City about 5 A. M. of the same day. After examination by the police officers he admitted his guilt, and this confession was used against him on the trial. There is no suggestion in the record negativing the guilt of defendant, but certain technical objections are made to the course of the trial.

[1]

First it is said that the confession was not admissible because it was not voluntarily made. The evidence relied on to show that it was involuntary shows that the officers urged appellant to tell the truth and that he “might as well make a clean breast of it.” It does not present a case where the confession was obtained by either threats or promises of reward.

(People

v.

Haney,

46 Cal. App. 317, [189 Pac. 338, 340].) Though he was urged to tell the truth, he was not led to believe that he would gain any advantage by making a confession of the crime. A confession will not be excluded merely because the prisoner was exhorted or urged to speak the truth. (16 Corpus Juris, sec. 1476;

People

v.

Heivner,

13 Cal. App. 768, [114 Pac. 411].)

[2]