Dixon v. State
| Decision Date | 22 July 1901 |
| Citation | 113 Ga. 1039,39 S.E. 846 |
| Parties | DIXON. v. STATE. |
| Court | Georgia Supreme Court |
CRIMINAL LAW—CONFESSIONS—INSTRUCTIONS.
1. To render a confession of guilt admissible as evidence, it must have been made voluntarily, without being induced by another by the slightest hope of benefit. Hence any advice to a prisoner under arrest, by the officer having her in custody, to the effect that if she knew anything she had better tell it, vitiates a confession induced thereby. Green v. State, 15 S. E. 10, 88 Ga. 516, 80 Am. St. Rep. 167.
2. When, in the trial of a criminal case, it becomes a question whether or not the accused made a confession, a charge assuming that he did so is erroneous. Under such circumstances the court should, in the proper connection, distinctly instruct the jury to ascertain from the evidence whether a confession has been in fact made.
3. Other than as above indicated, there was at the trial now under review no material error a repetition of which will probably occur on the next hearing.
(Syllabus by the Court.)
Error from superior court, Johnson county; Evans, Judge.
One Dixon was convicted of murder, and brings error. Reversed.
James K. Hines, Kent & Hatcher, and John R. Cooper, for plaintiff in error.
J. M. Terrell, Atty. Gen., and B. T. Rawlings, Sol. Gen., for the State.
LITTLE, J. Judgment reversed. All the Justices concurring.
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- Turner v. State, 16240.
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Turner v. State
... ... While under the Code, § 38-411, a confession is admissible ... only if made voluntarily, without being induced by another by ... the slightest hope of benefit or the remotest fear of ... punishment, and it was held in Green v. State, 88 ... Ga. 516, 15 S.E. 10, 30 Am.St.Rep. 167, Dixon v ... State, 113 Ga. 1039, 39 S.E. 846, King v ... State, 155 Ga. 707, 118 S.E. 368, and McLemore v ... State, 181 Ga. 462, 182 S.E. 618, 102 A.L.R. 634, that ... the confessions there dealt with were inadmissible because of ... the nature of the statements made to the accused, together ... ...
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Jordan v. State
... ... manner in which he procured this alleged confession rendered ... the confession inadmissible and the court erred in admitting ... it over objection and in overruling the motion for a new ... trial based on this ground. Green v. State, 88 Ga ... 516, 15 S.E. 10, 30 Am.St.Rep. 167; Dixon v. State, ... 113 Ga. 1039, 39 S.E. 846; Smith v. State, 125 Ga ... 252, 54 S.E. 190; McLemore v. State, 181 Ga. 462, ... 182 S.E. 618, 102 A.L.R. 634; Morris v. State, 33 ... Ga.App. 53, 125 S.E. 508. See also Turner v. State, ... 203 Ga. 770, 48 S.E.2d 386, case number 16240, decided June ... ...
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Jordan v. State, 32093.
...in overruling the motion for a new trial based on this ground. Green v. State, 88 Ga. 516, 15 S.E. 10, 30 Am. St. Rep. 167; Dixon v. State, 113 Ga. 1039, 39 S.E. 846; Smith v. State, 125 Ga. 252, 54 S.E. 190; McLemore v. State, 181 Ga. 462, 182 S.E 618, 102 A.L.R. 634; Morris v. State, 33 G......