Nature of the Case
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Facts
Brown (D) and others were indicted for the murder of Raymond Stewart. Ds plead not guilty. Trial was begun and concluded on the following day. Ds were found guilty and sentenced to death. Aside from confessions, there was no evidence sufficient to warrant submission of the case to the jury. Ds testified that the confessions were false and had been procured by physical torture; as listed in the casebook by hanging repeatedly (the rope burns were still visible on his neck while at trial) and then later while in the custody of police by a deputy whipping Ds until they confessed. The deputy even admitted to the whippings on the stand. The case went to the jury with instructions regarding the coercion of the confession. D appealed.
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