Payne v. Arkansas/Concurrence Harlan

United States Supreme Court

356 U.S. 560

Payne  v.  Arkansas

 Argued: March 3, 1958. --- Decided: May 19, 1958

Mr. Justice HARLAN, concurring.

I join in the reversal of the judgment in this case because the Police Chief's testimony, quoted in footnote 10 of the Court's opinion, seems to me to require acceptance of petitioner's claim that his confession was induced through fear of mob violence.

Mr. Justice BURTON, on this record, would accept the conclusion of the state court and jury that petitioner's confession was voluntary. Therefore, he would affirm the judgment rendered. See his dissent in Moore v. State of Michigan, 355 U.S. 155, 165, 78 S.Ct. 191, 197, 2 L.Ed.2d 167.

Mr. Justice CLARK, dissenting.

Notes