lisenba people state california argued decided december rehearing denied see lisenba people state california morris lavine los angeles petitioner everett mattoon eugene williams los angeles respondent justice roberts delivered opinion petitioner convicted murder sentenced death superior california los angeles county california affirmed judgment march two judges dissenting rehearing granted case reargued october decision reaffirmed former opinion adopted amplified two justices dissenting question arising constitution raised decided second petition rehearing petitioner first time asserted conviction violated fourteenth amendment november ruled petition rehearing herein denied chief justice state allowed appeal november november executed certificate enumerated constitutional questions presented second petition rehearing stated entertained petition explicitly overruled contentions made therein certified decision denying rehearing interpreted considered holding appellant contention rights fourteenth amendment constitution violated concluded ordered certificate filed made part record appeal record made jurisdiction review judgment appellant draw question constitutional validity statute california therefore dismissed treating papers petition granted writ case october petitioner prayed california writ habeas corpus theory trial conviction deprived life without due process submitted affidavits one hope turned state evidence hope asserted testimony false coerced threats induced promises leniency fraud november habeas corpus denied without prejudice chief justice california allowed appeal made ordered filed record certificate respecting constitutional questions presented decided similar entered followed course case appeals presented forma pauperis typewritten record great length belief briefs oral argument record printed proper consideration decision certain apparently important questions presented issued writs cases argued october term judgments affirmed divided petition rehearing full granted affirmances set aside causes set rehearing term petitioner used commonly known name robert james called one hope indicted may murder james wife august hope pleaded guilty sentenced life imprisonment james pleaded guilty tried convicted sentenced death trial long one petitioner made objections rulings charge raise questions state law decided opinion concern shall refer much evidence bears upon constitutional questions open state theory petitioner conceived plan marrying insuring wife life policies providing double indemnity accidental death killing manner give appearance accident collecting double indemnity james employed mary busch manicurist barber shop march month later went marriage ceremony legal living wife affianced insurance negotiated life james beneficiary upon annulment earlier marriage lawful ceremony performed petitioner made sure policies annulled fact issued mary lawful wife allegation james enlisted one hope conspiracy away mary collect divide insurance life hope testified james instigation procured rattlesnakes bite kill mary appeared sufficiently venomous purpose ultimately purchased others delivered james james august blindfolded wife eyes tied table hope bring one snakes room caused reptile bite foot night james told hope bite desired effect early morning august told hope going drown wife later said hope still later request hope aided carrying body yard james placed body face edge fish pond head shoulders water james barber shop august evening took two friends home dinner arrived house dark empty upon search grounds wife body found position indicated autopsy showed lungs almost filled water left great toe showed puncture left leg greatly swollen almost black nothing came investigation death james attempted collect double indemnity insurers refused pay suits instituted one settled result activity fresh investigation mary james death instituted april officers arrested james crime incest booked charge morning april given hearing remanded jail may made statements respecting wife death prosecuting officials trial addition hope testimony adduced finding condition body evidence connect james death expert testimony condition left leg attributed rattlesnake bites purchase snakes hope proved several witnesses one said sold two snakes hope one hope claimed bitten mary james two snakes brought witness identified sold hope hope resold witness james statements offered evidence objection made voluntary admitted trial judge heard testimony offered state defendant issue ruled confessions admissible received evidence state offered evidence respect death former wife james tended prove driving pike peak automobile went road james went aid persons called upon reached automobile found james wife lying partly outside car head badly crushed bloody hammer back car james appeared unhurt woman recovered injuries shortly afterwards discovered james another man drowned bathtub house james temporarily leased colorado springs james collected double indemnity insurance companies death insurance placed time married death occurred within months thereafter evidence admitted objection close state case defendant counsel moved adjournment might take depositions witnesses colorado refused application want sufficient showing petitioner contentions based upon fourteenth amendment conduct prosecuting officials police officers denied equal protection laws conviction deprived life without due process testimony hope accomplice corroborated required penal code california therefore insufficient sustain conviction hope affidavits filed since trial showed testimony obtained deceit fraud collusion coercion known prosecutor false hence trial mere pretense alleged occurrences colorado wholly disconnected crime charged petitioner afforded opportunity answer state evidence respecting production rattlesnakes solely purpose inflaming jury physical violence threats coercive means produced confessions denial requested opportunity consult counsel preceded accompanied procurement first contention illegal conduct part state officers deprived petitioner equal protection laws hardly needs notice claim officers violate law defendants treated petitioner others treated law requires inequality discrimination results denies equal protection contention frivolous record bare proof support second petitioner asserts hope testimony corroborated california law uncorroborated testimony accomplice sufficient sustain conviction petitioner contends consideration hope confessing turning state evidence leniency extended petitioner says hope affidavits show prosecuting officials well knew hope testimony fabrication persuaded testify fraud promises leniency threats trial mere sham contentions need brief notice fourteenth amendment forbid state construe apply laws respect evidence accomplice adequate showing corrupt bargain hope practice taking consideration sentencing accomplice aid state turning state evidence denial due process convicted confederate hope affidavits prepared state passed upon case opinion published lapse nearly three years trial therefore considered habeas corpus case state contends opportunity answer contested petitioner event stipulated record appeal case part record habeas corpus hearing comparison testimony trial allegations affidavits raises serious doubts truthfulness appraisal conflicting evidence even refusal believe hope depositions erroneous error denial due process approval appeal trial judge refusal direct verdict ground insufficiency evidence third testimony admitted concerning death james former wife widely recognized principle similar disconnected acts may shown establish intent design system fourteenth amendment leaves california free adopt rule relevance holds applied accordance state law insistence trial judge refusal grant continuance petitioner take answering depositions denial due process goes even farther afield counsel notice opening trial shortly thereafter state intended introduce evidence subject waited state rested asking continuance even showing inadequate identity witnesses nature expected evidence judge exercise discretion denied motion fourteenth amendment gives mandate review action inquire whether abused discretion field fourth part state case hope purchased snakes brought petitioner pursuance conspiracy two snakes brought courtroom identified witness said sold hope petitioner says sole purpose production snakes prejudice jury courtroom including jury panic result incident cites current newspaper accounts affidavits counsel state denies improper purpose rebut assertions petitioner relies statement trial judge record discloses subsequent state trial snakes brought defendant request sit review state action questions propriety trial judge action admission evidence hold petitioner urges introduction identification snakes infused trial unfairness deny due process law fact evidence admitted relevant shocking sensibilities courtroom reason alone render reception violation due process fifth important question whether use confessions rendered petitioner conviction deprivation life without due process law recital relevant facts essential decision petitioner almost formal education man intelligence business experience arrest charge incest morning sunday april taken short time adjoining house shown dictaphone installed brought district attorney offices lodged bureau investigation says two three hours stayed questioned taken office district attorney showed statement made miss wright respecting incest charge asked cared say replied talk questioned hour says asked wife death others present deny held district attorney suite given supper cafe conducted house next door home arrived various officers questioned relays throughout night concerning wife death sat chair fully dressed sleep monday morning taken breakfast went officers point house alvarado streets taken district attorney offices brought back house next door home questioning resumed continued tuesday morning says fainted others present say fell asleep slept breakfasted booked jail arraigned magistrate committed incest charge james testified monday april officers began beat body made black blue beating impaired hearing caused hernia later night assistant district attorney questioned ordeal collapsed admitted officer slapped face night said occurred result offensive remark james made concerning wife denies made remark corroboration james testimony two witnesses said noticed one ears bruised swollen lodged jail testimony contradicted numerous witnesses state save admitted james repeatedly persistently questioned intervals period sunday night tuesday morning testified except one slap one laid hand james inducement held threats made answered questions freely intelligently ease cool collected admits promises threats made maltreatment administered occasions district attorney office significant james stated one officers officer southard slapped may district attorney asked treated referred slap neither case say anything mistreatment period april james made incriminating admission confession james says shortly arrest sunday morning asked refused permission get touch silverman attorney number years denied evidence saw silverman monday april district attorney office silverman testified saw petitioner immediately formal arrest petitioner arraignment tuesday april april jail suggested james allowed see attorney often desired obstacle interposed attorney interviewing april may claim april lodged jail may interviewed questioned threatened mistreated anyone period attorney told indicted wife murder answer questions unless attorney present may hope arrested made statement morning may james brought cell chaplain room prison confronted hope assistant district attorney outlined hope story asked james whether anything say replied went back cell noon order obtained remove prison taken former home two deputy sheriffs evidence disclose clearly either purpose incidents trip brought district attorney office official began question requested attorney sent presence telephone call made disclosed silverman los angeles asked another attorney summoned district attorney said take long acquaint attorney facts others say james give name attorney wanted took time discover mind attorney summoned district attorney times others questioned james supper time sandwiches coffee procured james says coffee someone took sandwiches testimony questioning based hope confession continued night without james refused answer questions made incriminating answers sharp conflict session terminated james says officer southard struck april occupied room alone others left officer told lying evening tell truth officer take back house beat frightened agreed best recite district attorney story hope told much evidence incident occurred deputy sheriff killion says sometime midnight others left petitioner alone petitioner turned said something effect ca go get something eat tell story killion replied go killion another deputy sheriff gray lady friend another person accompanied petitioner public cafe supper afterwards cigars james testified neither killion gray district attorney ever laid hand threatened offered inducement confess state evidence started smoke james told story killion took notes killion narrated trial james told party returned district attorney office responding question district attorney james said told killion story answer questions repeated story interview stenographically recorded questions asked district attorney killion one two officers present group seems consisted district attorney assistant district attorney two officers two deputy sheriffs stenographer hope statement laid james initiation murder plot attempt consummate snake poison drowning disposition body account james gave killion district attorney says attempt retell tale hope told constantly dinned ears means reiteration hope story contrary james insisted hope suggested destruction mary james rattlesnake expedient hope carried failed hope suggested hope burn house make appear james died accident hope also volunteered commit abortion james also away james asserted absent home morning august hope drowned wife bathtub told james done also noted james statement presents lurid picture heavy drinking intoxication hope james mary james three days anterior death latter effort evidently suggest less irresponsible actions hope story true james planned accomplished murder wife obtain insurance life james statement true hope planned murder james desired abandon scheme thought hope ultimately intended commit abortion james wife shocked surprised learn hope murdered james said supper cafe stated another occasion enough men district attorney office make talk hope talked never told story scrutiny two statements indicates james carefully considered hope said made mind tell story consistent intimacy hope various incidents james deny depict drunken orgy result power enfeebled resist hope determination make away james trial james contradicted essential particulars hope testimony confession including evidence respecting snakes swore hope attempt abortion believed hope accomplish wife died result falling pond fainting fit due pregnancy evidence treatment james conduct officials officers moment arrest close statement district attorney heard preliminarily trial judge order determine whether state required california law carried burden proving confessions voluntary ruling confessions admitted trial judge defendant request charged jury accordance state law confessions must utterly disregarded unless voluntary result inducements promises threats violence form coercion failure arresting officers promptly produce petitioner examining magistrate detention custody sunday morning tuesday morning assault committed upon violations state criminal offenses find authority issue order sheriff deputies took accused jail former home district attorney office questioning denial opportunity consult counsel requested may misdemeanor may assumed treatment petitioner also deprived liberty without due process petitioner afforded preventive relief gained access seek illegal acts committed course obtaining confession whatever effect admissibility local law furnish answer constitutional question must decide effect officers conduct must appraised considerations determining whether use confessions denial due process moreover petitioner ask redress proceeding disregard due process prior trial gravamen complaint unfairness use confessions occurred procurement relevant bears issue hand fact confessions conclusively adjudged decision admissible state law notwithstanding circumstances made answer question whether due process lacking aim rule confession inadmissible unless voluntarily made exclude false evidence tests invoked determine whether inducement speak fair risk confession false vary several formulated govern trials federal courts fourteenth amendment leaves california free adopt statute decision enforce rule elects whether conform applied federal state courts adoption rule choice foreclose inquiry whether given case application rule works deprivation prisoner life liberty without due process law aim requirement due process exclude presumptively false evidence prevent fundamental unfairness use evidence whether true false criteria decision question may differ appertaining state rule admissibility confession applied criminal trial denial due process failure observe fundamental fairness essential concept justice order declare denial must find absence fairness fatally infected trial acts complained must quality necessarily prevents fair trial unfairness exists coerced confession used means obtaining verdict guilt held every instance set aside want due process conviction based confession extort testimony defendant physical torture presence trial tribunal due process case stands better torture induces extrajudicial confession used evidence courtroom trial dominated mob violence courtroom due process demands case stand better mob violence anterior trial inducing cause defendant alleged confession fraud collusion trickery subornation perjury part representing state trial accused person results conviction denied due process law case stand better devices confession procured used trial concept due process void trial threats promises presence jury defendant induced testify case stand better resort means defendant induced confess confession given evidence said process law commands practice shall send accused death claim prisoner statement procured means bound make independent examination record determine validity claim performance duty foreclosed finding verdict jury evidence bearing upon question uncontradicted application constitutional provision unembarrassed finding verdict state even though ruling confession admissible tests applied state resort answer constitutional question cases one evidence methods employed obtain confession conflicting although denial due process issue trial issue resolved jury involves answer due process question case accept determination triers fact unless lacking support evidence give effect work fundamental unfairness war due process judge jury passed question whether petitioner confessions freely voluntarily made tests applied answering question rendered decision one also answered question whether use confessions involved denial due process notwithstanding issue submitted eo nomine one concerning due process furthermore passing petitioner claim state found violation fourteenth amendment duty determine whether evidence requires set aside finding two courts jury adjudge admission confessions fundamentally unfair contrary common concept ordered liberty amount taking life without due process law view conflicting testimony unable say finding erroneous far concerns petitioner claims physical violence threats implied promises leniency remains uncontradicted fact two occasions separated interval eleven days petitioner questioned protracted periods made admission implicating wife death soon interrogations april without eleven days later confessions forthcoming hesitation overruling contention respecting admission confessions questioning may light earlier experience render use confessions violation due process hold must upon ground practice irrespective result upon petitioner tainted statements without considering facts disclosed evidence without giving weight accredited findings statements free voluntary matter law inadmissible trial impose upon state courts stricter rule enforced federal trials less reason holding reflect dealing system criminal administration california federal power invoked set aside california regards fair trial must plain federal right invaded hesitated set aside convictions based whole substantial part upon confessions extorted graver circumstances secured protracted repeated questioning ignorant untutored persons whose minds power officers greatly magnified sensed adverse sentiment community danger mob violence held incommunicado without advice friends counsel taken officers night prison dark lonely places questioning case outside scope decisions like california disapprove violations law involved treatment petitioner think right add prisoner held incommunicado subjected questioning officers long periods deprived advice counsel shall scrutinize record care determine whether use confession deprived liberty life tyrannical oppressive means officers law must realize indulge practices may end defeat rather ends justice lawless practices took close line facts endeavored fairly set forth light findings state courts hold illegal conduct law enforcement officers california indulged prolonged questioning prisoner arraignment absence counsel questioning may coerced confessions introduction infringement due process petitioner complains petitioner said interrogation never drawn admission confederate made statement admits threats promises acts physical violence offered questioning eleven days preceding counsel afforded full opportunity see advised exhibited coolness acumen throughout questioning trial negatives view lost freedom action statements made result deprivation free choice admit deny refuse answer judgments affirmed justice black dissenting justice douglas concurs believe confession used convict james result coercion compulsion judgment reversed reason testimony officers confession given enough sanding alone convince free voluntary cf bram brief officers admitted following suspecting defendant murder entered home sunday april taken furnished house next door state attorney office installed dictaphone next hours little longer state attorney assistants investigators held james prisoner held indictment warrant arrest force monday one southard investigator defendant whose left ear thereafter red swollen james apparently kept state attorney office daylight hours full extent questioned clear monday tuesday nights furnished house one present james officers subjected constant interrogation questioning officers divided squads sleep others continued ing defendant got sleep first hours officers seized tuesday morning sitting chair occupied interrogated moment question asked defendant fell asleep remained asleep officers took jail booked charge incest entire two hours defendant held repeatedly denied complicity knowledge murder wife second episode officers held defendant incommunicado produced confession may early hours may may investigator district attorney took james cell chaplain room jail presence assistant district attorney confronted hope told hope made confession implicating james wife murder james refused talk carried back cell short time later purported order nature authority appear james taken jail home somewhere district attorney office doors locked midnight district attorney assistants investigators subjected james constant interrogation upon asking attorney james told city asked another whatever efforts officers made satisfy request unsuccessful confronted hope neither questioning elicited admission nature midnight time according investigators james said one go get something fellows take eat tell story taken eat officers remained hour half restaurant made damaging admissions upon return district attorney office made full statement used bring conviction completing southard investigator previously one signed witnesses confession think facts set sufficient make applicable principles announced chambers florida conclusion announced process law preserved constitution commands practice disclosed record shall send accused death white texas canty alabama vernon alabama cf bram supra footnotes roby colehour gulf ship island hewes whitney california honeyman hanan judicial code amended judicial code amended penal code cf mooney holohan see wigmore evidence vol ii california penal code id record disclose whether application order form petition whether defendant apprised motion order whether consented issue representations made granted order section code code requires prisoner committed magistrate confined jail legally discharged declares permitted go large jail except virtue legal order process shall constitute escape statutes able find authorizing order removal prisoner jail penal code code provide cases individual illness general outbreak pestilence disease prison section permits removal without order case fire penal code wigmore evidence id sparf hansen wilson bram ziang sun wan brown mississippi moore dempsey mooney holohan chambers florida brown mississippi supra chambers florida supra canty alabama white texas vernon alabama lomax texas cases supra note ziang sun wan cases cited see chambers florida canty alabama white texas vernon alabama lomax texas supra note rather close part james testimony wit continued question later evening sick hungry tired told thousand times know anything hope story james testimony point southard left alone shortly midnight said james lying district attorney long enough threatened take back house next door home james questioned april response inquiry whether told confession might used james replied know whether statement used rather die gone back house went torture like three days care whether statement taken