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Many changes are rung upon this device. There is said to have
been a case in which the defendant was convicted of murder in
the first degree and sentenced to be executed. It was one of
circumstantial evidence and the verdict was the result of
hours of deliberation on the part of the jury. The prisoner
had stoutly denied knowing anything of the homicide. Shortly
before the date set for the execution, another man turned up
who admitted that he had committed the crime and made the
fullest sort of a confession. A new trial was thereupon
granted by the Appellate Court, and the convict, on the
application of the prosecuting attorney, was discharged and
quickly made himself scarce. It then developed that apart
from the prisoner's own confession there was practically
nothing to connect him with the crime. Under a statute making
such evidence obligatory in order to render a confession
sufficient for a conviction, the prisoner had to be
discharged.
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