Newman v. State
| Decision Date | 22 October 1940 |
| Docket Number | 28450. |
| Citation | 11 S.E.2d 248,63 Ga.App. 417 |
| Parties | NEWMAN v. STATE. |
| Court | Georgia Court of Appeals |
J P. Dukes, of Pembroke, for plaintiff in error.
R L. Dawson, Sol. Gen., of Ludowici, for defendant in error.
1. "Where the only witness implicating the prisoners in the crime, was himself avowedly guilty, the corroborating circumstances necessary to dispense with another witness must be such as go to connect the prisoner with the offense, and *** it is not sufficient that the witness is corroborated as to the time, place and circumstances of the transaction, if there be nothing to show any connection of the prisoners therewith, except the statement of the accomplice." Childers v State, 52 Ga. 106, 107. Where one voluntarily confesses to the commission of a crime, though he have accomplices in the commission thereof, proof of the corpus delicti, independently of the confession, is sufficient to corroborate the confession and authorize a conviction of the confessor. But proof of the corpus delicti, even though independently of the confession or evidence of an accomplice, does not at all corroborate the testimony of the confessing accomplice so as to authorize a conviction of another accomplice who has not confessed. Voluntary confessions are sufficient to corroborate the testimony of an accomplice so as to support a verdict of guilty against a confessor and him only. Sanders v. State, 46 Ga.App. 175(1), 167 S.E. 207; Partee v. State, 67 Ga. 570.
2. "A conviction in a case of felony [hog stealing] is sustainable upon the testimony of a single witness, though an accomplice, when the same is corroborated by other testimony connecting the accused on trial with the perpetration of the crime, and tending to show his participation therein." McCrory v. State, 101 Ga. 779, 28 S.E. 921; Code, § 38-121.
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...v. State, 125 Ga. 270, 274, 54 S.E. 164, 166; Whaley v. State, 177 Ga. 757, 171 S.E. 209.' Newman v. State, 63 Ga.App. 417(2 & 3), 11 S.E.2d 248, 249. See also Roberts State, 55 Ga. 220(3); Mitchell v. State, 202 Ga. 247, 248, 42 S.E.2d 767. 'The facts relied upon as corroboration may be tr......
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Potter v. State, 33459
...contrary to the evidence.' Hargrove v. State, 125 Ga. 270 , 274, 54 S.E. 164, 166; Whaley v. State, 177 Ga. 757, 171 S.E. 290.' Newman v. State, 63 Ga.App. 417(2, 3), 11 S.E.2d 248, 249. See also Roberts v. State, 55 Ga. 220(3); Mitchell v. State, 202 Ga. 247, 248, 42 S.E.2d 767. "The facts......
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Blakely v. State
...contrary to the evidence.' Hargrove v. State, 125 Ga. 270, 274, 54 S.E. 164, 166; Whaley v. State, 177 Ga. 757, 171 S.E. 290." Newman v. State, 63 Ga.App. 417(2 & 3), 11 S.E.2d 248, 249. See also Roberts v. State, 55 Ga. 220(3); Mitchell v. State, 202 Ga. 247, 248, 42 S.E.2d 767. "The facts......
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...the jury to determine.' Hargrove v. State, 125 Ga. 270, 274, 54 S.E. 164; Tootle v. State, 55 Ga.App. 865, 191 S.E. 876; Newman v. State, 63 Ga.App. 417, 11 S.E.2d 248. 'Voluntary confessions are sufficient to corroborate the testimony of an accomplice so as to support a verdict of guilty.'......