Dawson v. The State Of Ga.

• Citation: 59 Ga. 334
• Parties: Dick Dawson, plaintiff in error. v. The State of Georgia, defendant in error.
• Decision Date: 31 August 1877
• Court: Supreme Court of Georgia

59 Ga. 334

Dick Dawson, plaintiff in error. v. The State of Georgia, defendant in error.

Supreme Court of the State of Georgia

(August Term, 1877.)

*Criminal law. Evidence. Confessions. New trial. Before Judge Hall. Upson Superior Court. May Term, 1877.

Reported in the decision.

W. H. Sandwich; Speer & Stewart, for plaintiff in error.

F. D. Dismuke, solicitor general, by J. S. Boynton, for the state.

WARNER, Chief Justice.

The defendant was indicted for the offense of murder, and onhis trial therefor was found guilty. A motion was made for a new trial, on the grounds there in stated, which was overruled by the court, and the defendant excepted. The main ground of error insisted on here was the ruling of the court as to the admission of the evidence of Atwater and Starling as to the confessions of the defendant, made to them. It appears from the evidence, that the deceased was missing, that search was made for him, and his body was found in a gully, There it had been thrown after having been shot from the wounds apparent thereon, and his skull was also broken—the body was covered with trash and brush. The defendant had been arrested before the body was found, and was in charge of J. M. Daniel when it was found. When the state offered to prove the confession of the defendant, as made to Atwater and Starling, the counsel of defendant offered to prove by Daniel that the confession of the defendant was not freely and voluntarily made by him; that within less than an hour before the two witnesses, Atwater and Starling, came to where defendant was in the custody of Daniel, the defendant had made a confession to him, Daniel, of having killed the deceased, Daniel telling him that "the law will be lighter on you if you will confess." The court refused to allow the proof so offered, and permitted *them to testify as to the defendant\'s confession, they stating that it was freely and voluntarily made by the defendant to them. After the witnesses, Atwater and Starling, had testified before the jury as to the confession of the defendant, made in their presence and Daniel\'s, the defendant offered Daniel, as a witness, who stated that whilst defendant was in his custody, about half an hour before the witnesses, Atwater and Starling, came to where they were, having heard the report that the body of deceased had been found, he remarked to defendant "that he had killed Frank, the deceased; he asked why I thought so; I said, because you look guilty; he then said he would like to talk with me privately about it. We went to a tree near by, and he then asked me what was the...