Under such circumstances, contemporaneous declarations of the party are receivable in evidence, or not, according to the attending circumstances; but any act of the party, though done in consequence of such confes sion, is admissible if it appears from a fact thereby discovered that so much of the con fession as immediately relates to it is true. 1 Leach, Cr. Cas. 263, 386 ; 9 Carr. & P. 364 ; 1 Mood. Cr. Cas. 338 ; Russ. & R. Cr. Cas. 151 ; 9 Pick. Mass. 496 ; 32 Miss. 382 ; 1 Sneed, Tom. 75 ; 7 Rich. So. C. 327.
6. A confession made before a magistrate is admissible though made before the evidence of the witnesses against the party was con cluded. 4 Carr. & P. 567 ; 5 id. 163.
Parol evidence, precise and distinct, of a statement made by a prisoner before a magis trate during his examination is admissible though such statement neither appears in the written examination nor is vouched for by the magistrate, Phillipps, Er. 447; 2 Russell, Crimes, 3d ed. 876-878 ; 1 Mood. Cr. Cas. 338 ; 7 Carr. & P. 188 ; but not if it is of a. character which it was the duty of the magistrate to have noted. 1 Greenleaf, Ev. a
227, n. Parol evidence of a confession before a magistrate may be given where the written examination is inadmissible through inform ality. 1 Lew. Cr. Cas. 46. 4 Carr. & P. 550, n. ; 5 id. 162 ; 6 id. 183 ; 1 Mood. & M. 403 ; Busb. No. C. 239.
The whole of what the prisoner said must be taken together. 2 Carr. & K. 221; 2 Ball & B. 297 ; 2 Carr. & P. 629 ; 3 id. 603 ; 4 id. 215, 397 ; 9 Leigh, Va. 633 ; 2 Dail. Penn. 86; 5 Miss. 364. See 3 Park. Cr. Cas. N. Y. 256 ; 26 Ala. N. s. 107.
The prisoner's confession, when the corpus delicti is not otherwise proved, is insufficient to warrant his conviction. 1 Hayw. Tenn. 455 ; 5 Halst. N. J. 163, 185 ; 18 Miss. 229 ; 17 Ill. 426 ; 2 Tex. 79. See, contra, Russ. & R. Cr. Cas. 481, 509 ; 1 Leach, Cr. Cas. 311 ; 3 Park. Cr. Cas. N. Y. 401; 11 Ga. 225. Consult Greenleaf; Phillipps on Evidence ; Joy on Confessions; and Heard's note in 1 Bennett & Heard's Lead. Crim. Cases, 112, which note is the basis of this article.