Cody v. State

• Decision Date: 21 December 1905
• Citation: 52 S.E. 750,124 Ga. 446
• Parties: CODY . v. STATE.
• Court: Georgia Supreme Court

52 S.E. 750

124 Ga. 446

CODY .

v.STATE.

Supreme Court of Georgia.

Dec. 21, 1905.

1. Criminal Law—Hearsay Evidence.

Where it is material to explain how or why a search for property was made, it is competent to show that this was done in consequence of information received. But such information or statements conveying it are not admissible as affirmative proof of the facts contained in them. Lyman v. State, 69 Ga. 404; Stevens v. State, 2 S. E. 684, 77 Ga. 310; Foster v. Atlanta Rapid Transit Co., 46 S. E. 840, 119 Ga. 675; Collins v. State, 14 S. E. 474, 88 Ga. 347.

2. Same—Evidence.

Where the evidence failed to prove the offense charged, except by considering statements, not under oath, made by a person since deceased, a verdict of guilty was not supported by the evidence.

(Syllabus by the Court.)

Error from City Court of Americus; C. R. Crisp, Judge.

Matt Cody was convicted of crime, and brings error. Reversed.

Blalock & Cobb, for plaintiff in error.

F. A. Hooper, Sol. Gen., for the State.

LUMPKIN, J. Judgment reversed. All the Justices concurring.