Booker v. State, 18271
| Citation | 77 S.E.2d 505,210 Ga. 34 |
| Decision Date | 14 September 1953 |
| Docket Number | No. 18271,18271 |
| Parties | BOOKER v. STATE. |
| Court | Supreme Court of Georgia |
A. T. Walden, Atlanta, for plaintiff in error.
Paul Webb, Sol. Gen., Charlie O. Murphy, William E. Spence, Atlanta, Eugene Cook, Atty. Gen., Rubye Jackson, Atlanta, for defendant in error.
Syllabus Opinion by the Court.
The plaintiff in error was found guilty of robbery by open force, and sentenced to death by electrocution. He filed his motion for new trial on the general grounds and by amendment added one special ground complaining of the admission over objection of an incriminatory statement made and signed by him. The motion for new trial was denied, and to this judgment, the plaintiff in error excepted. Held:
1. In so far as the general grounds are concerned, it is sufficient to say that there is ample evidence in the record which, if believed by the jury, authorized a finding that the plaintiff in error was guilty of the offense charged. There is no merit in the general grounds.
2. The amended motion for new trial complains because an incriminatory statement signed by the plaintiff in error was admitted over the objection that it was not shown to have been freely and voluntarily made. There is no merit in this contention. Witnesses for the State testified that the incriminatory statement was made freely and voluntarily without being induced by any offer of benefit or fear of injury. This was sufficient to make out a prima facie case for the admission of the statement. See Phillips v. State, 206 Ga. 418, 57 S.E.2d 555; Downs v. State, 208 Ga. 619, 68 S.E.2d 568; Bradberry v. State, 170 Ga. 859, 154 S.E. 344.
3. It is next contended that the incriminatory statement should not have been admitted for the reason certain parts of the statement were not dictated by the plaintiff in error. The portions objected to were the first paragraph and the last paragraph. The first paragraph reads as follows: 'I am making this statement freely and voluntarily without any fear or persuasion being used against me and realize that anything stated herein may be used against me in any court of competent authority.' The last paragraph of the statement reads: 'I have made this statement freely and voluntarily and understand from the officers present who have told me of my rights that anything stated herein may be used against me in any court of competent authority and do hereby agree to such procedure and that is the truth, the whole truth...
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