Pitts v. State
| Citation | 80 S.E. 510,14 Ga.App. 283 |
| Decision Date | 20 January 1914 |
| Docket Number | (No. 5352.) |
| Parties | PITTS v. STATE. |
| Court | United States Court of Appeals (Georgia) |
(Syllabus by the Court.)
1. Criminal Law (§ 393*)—Evidence—Articles Taken from Accused.
Where, by illegal seizure and search of a person, evidence tending to incriminate him is obtained, the obtaining of the evidence by such means must be regarded as compelling him to furnish testimony against himself; and evi dence thus obtained is without probative value against him on his trial for a criminal offense. But when self-incriminatory evidence is obtained by search of the person of one who is in legal custody, under arrest for a different offense, and the search is necessary in order to disarm the prisoner for the safety of the officer having him in charge, the evidence is not thereby rendered inadmissible.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 871-874; Dec. Dig. § 393.*]
2. Criminal Law (§ 824*)—Instructions-Necessity of Request.
The court is not required, in the absence of a timely written request, to charge the jury as to a theory dependent wholly upon the statement of the accused.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 1996-2004; Dec. Dig. § 824.*]
Error from Superior Court, Sparding County; Robt. T. Daniel, Judge.
Walter Pitts was convicted of carrying a concealed weapon and of carrying a pistol without a license. From a conviction, he brings error. Affirmed.
Connor & Mills, of Griffin, for plaintiff in error.
E. M. Owen, Sol. Gen. of Zebulon, for defendant in error.
The indictment contained two counts, one charging the defendant with carrying a pistol without having obtained the license required by law, and the other with carrying a pistol concealed. There was plain evidence, if the state's witness was credible, of the defendant's guilt of carrying the pistol concealed; and the defendant admitted that he had not obtained a license. It is insisted, however, that the evidence of the defendant's guilt of carrying a pistol concealed was obtained by unlawful seizure and search of his person, thus compelling him to furnish testimony against himself; and that his conviction upon the count charging the carrying of the pistol without having obtained a license was probably due to the failure of the trial judge to instruct the jury that if they believed that the defendant found the pistol in the road, and picked it up to carry it home with him, and had not had a sufficient time to obtain a license authorizing him to carry the pistol, as he intended to do, then the defendant would be guilty.
As to the first point, it does not appear that the defendant objected to the evidence or moved to exclude it at the trial. However, in no view of the case was the admission of this testimony illegal, for it appears, from the undisputed testimony, that the accused, prior to the discovery of the pistol on his person, had been arrested by the witness, who is an officer, under a warrant...
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...In case of search of a prisoner arrested without warrant and discovery of a concealed weapon, the search was unlawful. Pitts v. State, 14 Ga. App. 283, 80 a. E. 510. Where a defendant was searched without being arrested and whisky which was not oven to the observation was found in his pocke......
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State v. Dunivan
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Pitts v. State
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