Price v. State
| Decision Date | 11 March 1902 |
| Citation | 114 Ga. 855,40 S.E. 1015 |
| Parties | PRICE v. STATE. |
| Court | Georgia Supreme Court |
CRIMINAL LAW — CONFESSIONS — PROMISES— ADMISSIBILITY—REASONABLE DOUBT-INSTRUCTIONS—HOMICIDE.
1. Where, in the trial of a criminal case, a witness is offered by the state to prove confessions of guilt made by the accused immediately after the latter had been given into his custody by the arresting officer, and the testimony of the witness shows that the confessions were made to him freely and voluntarily, it is not incumbent on the judge to require the state to call and examine the arresting officer to ascertain if he used any threats or offered any inducements to the accused while the latter was in his custody. Dawson v. State, 59 Ga. 333; Dumas v. State, 63 Ga. 600; Irby v. State, 20 S. E. 218, 95 Ga. 467.
2. Where the accused, when arrested by an officer, stated to the latter that, if he would conduct the accused safely to jail, the latter would make a statement, and the officer replied that he would endeavor to conduct the accused safely whether he made a statement or not, and thereupon the accused made a confession, the confession was not, for this reason, inadmissible. If the confession was induced by hope, the inducement was not held out by the officer, but proceeded from the accused himself. Bohanan v. State, 18 S. E. 302, 92 Ga. 32; Minton v. State, 25 S. E. 626, 99 Ga. 254; Hecox v. State, 31 S. E. 592, 105 Ga. 625.
3. It was not error to charge the jury to the effect that it is the duty of the court to determine primarily the admissibility of alleged confessions, but that its judgment is not conclusive upon the jury, and it is for the jury at last to determine whether such a confession was made, and whether it was freely and voluntarily made. Dawson v. State, supra; Irby v. State, supra.
4. It is not error for the court to refuse a request to charge that confessions of guilt should be rejected by the jury unless the state had showed beyond a reasonable doubt that they were made voluntarily, and without being induced by another by the slightest hope of benefit or remotest fear of injury. Oarr v. State, 10 S. E. 626, 84 Ga. 250; Thomas v. State, 10 S. E. 1016, 84 Ga. 613; Nix v. State, 22 S. E. 975, 97 Ga. 212.
5. It is not error to refuse requests to charge to the effect that each and every juror should believe for himself that the accused has been shown to be guilty beyond a reasonable doubt before he agrees to a verdict of guilty, and that, if any member of the jury has such a reasonable doubt, he should not agree to a verdict of guilty. Smith v. State, 63 Ga. 170 (20); Fogarty v. State, 5 S. E. 782, 80 Ga. 455. See, also, 62 Alb. Law J. 314, and 41 Am. Law Reg. (N. S.) 56.
6. While, in a criminal case, every materialallegation in the indictment should be proven beyond a reasonable doubt, it is uot error to refuse to charge that "all the phases of the case which in law are required...
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Garrett v. State
...and in that event the question as to voluntariness is for the jury (Bradberry v. State, 170 Ga. 859(4), 865, 866, 154 S.E. 344; Price v. State, 114 Ga. 855(3, 4) S.E. 1015; Carr v. State, 84 Ga. 250, 255, 10 S.E. 626; Thomas v. State, 84 Ga. 613(3, 5), 619, 10 S.E. 1016; Irby v. State, 95 G......
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State v. Wells
...This rule is also well stated in the charge of the trial court, which was approved by the appellate court, in the case of Price v. State, 114 Ga. 855, 40 S.E. 1015: "In determining the question as to whether or not confession is admissible as evidence in the case, the law puts upon the pres......
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Owens v. State
...39 S.E. 906 (7, 8), and Simmons v. State, 116 Ga. 586, 42 S.E. 779. Certainly as little excuse was offered in them as in Price v. State, 114 Ga. 855, 40 S.E. 1015, where the declarations were treated as confessions. Bram's Case, 168 U.S. 535, 18 S.Ct. 183, 42 L.Ed. 568, the court applied th......
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Thomas v. State
...so, whether they were freely and voluntarily made without the slightest hope of benefit or the remotest fear of injury. Price v. State, 114 Ga. 855, 40 S.E. 1015 (3), (4), and cases cited. similar rule is applicable to the admission of evidence tending to show dying declarations; that is, t......