Reed v. State

• Decision Date: 09 December 1914
• Docket Number: 5926.
• Citation: 83 S.E. 674,15 Ga.App. 435
• Parties: REED v. STATE.
• Court: Georgia Court of Appeals

83 S.E. 674

15 Ga.App. 435

REED v. STATE.

No. 5926.

Court of Appeals of Georgia

December 9, 1914

Syllabus by the Court.

Where the defense of alibi is made only by the defendant's statement, it is not error for the trial court to omit instructions thereon in the absence of a timely written request. Brundage v. State, 14 Ga.App. 460 (2), 81 S.E. 384; Watson v. State, 136 Ga. 236 (5), 71 S.E 122; Carter v. State, 15 Ga.App. 343, 83 S.E. 153 (2), and cases there cited. The rule would be different if this defense should be raised otherwise than by the statement of the defendant to the jury. Duggan v. State, 3 Ga.App. 332, 59 S.E. 846. Where one defense is mainly relied upon, and evidence is introduced to sustain it, it is error for the judge to omit calling the attention of the jury thereto; and this is true, whether or not he is requested so to do. Chattanooga & Durham R. Co v. Voils, 113 Ga. 361, 38 S.E. 819. In Glaze v State, 2 Ga.App. 704-708, 58 S.E. 1126, the issue which the court failed to submit to the jury "was not dependent upon the defendant's statement for its existence. It necessarily arose, regardless of the statement from the other evidence in the case."

Where one accused of robbery admits his possession of some of the stolen property since the time when the crime was committed but denies his guilt and offers an explanation of such possession which is entirely consistent with his innocence such admission is not a "confession," but merely an "incriminatory statement," and neither demands nor authorizes instructions to the jury as to the law of confessions. "Proof of an inculpatory statement will not authorize a charge upon the subject of confession." Riley v. State, 1 Ga.App. 651 (3), 57 S.E. 1031. "When a person only admits certain facts, from which the jury may or may not infer guilt, there is no confession." Covington v. State, 79 Ga. 687, 7 S.E. 153. "There is a very wide distinction between admitting the main fact and admitting some minor or subordinate fact or series of facts, which could be true, whether the main fact existed or not." Fletcher v. State, 90 Ga. 468, 17 S.E. 100. See, also, Dumas v. State, 63 Ga. 601; Powell v. State, 101 Ga. 9, 10 (4), 29 S.E. 309, 65 Am.St.Rep. 277; Lee v. State, 102 Ga. 221 (2), 29 S.E. 264; Suddeth v. State, 112 Ga. 407, 408, 37 S.E. 747; Cleveland v. State, 114 Ga. 110, 39 S.E. 941. "A confession is a voluntary statement made by a person charged with the commission of a crime, wherein he acknowledges himself to be guilty of the offense charged. A statement which admits the commission of an act, but which also gives legal excuse or justification, is not a confession. It is error to charge upon the subject of confessions, where there is no evidence upon which to...