
    The State vs. Philip Cook.
    Evidence— Confession.
    
    Confessions in jail and in presence of jailer, made by a prisoner to the prosecutor, and appearing to have been free and voluntary : — Held, to have been properly admitted in evidence on a trial for stealing a mare.
    BEFORE ROBERT H. WARD LAW, ESQ., DISTRICT JUDGE, ABBEVILLE, NOVEMBER, 1867.
    Indictment for stealing a mare. Crawford, the prosecutor, was allowed to testify, that be saw defendant in jail. Defendant acknowledged that he had taken the mare; told how or where he had taken her out. The jailer was present.
    Other evidence was given and the prisoner was convicted. He appealed, and now moved for a new trial on the ground :
    That the District Judge erred in permitting the admission of defendant, made in the presence of the jailor, to go to the jury.
    
      Wilson & McGowen, for motion.
    
      Reed, Solicitor, contra.
   The opinion of the Court was delivered by

WaRDlaw, A. J.

It appears that the prisoner has been fairly tried and justly found guilty upon sufficient evidence. The confession made by him to the prosecutor in the jail, and in the presence of the jailer, was properly admitted to go to the jury; for so far as appears it was free and voluntary, and it is not even suggested that bis hope or fear bad been excited by promise, inducement, or threat. ' (See State vs. Vaigneur, 5 Rich. 401; State vs. Kirby, 1 Strob. 386-8.)

It is ordered that the motion be dismissed and that the prisoner be remanded, and upon demand of the sheriff of Abbeville district, be delivered to him by the sheriff of Rich-land district, to be transported to Abbeville, and there be sentenced by the District Judge.

Dunkin, C. J., and Inglis, A. J., concurred.

Motion dismissed.  