Sellers v. State
| Decision Date | 08 June 1896 |
| Citation | 99 Ga. 212,25 S.E. 178 |
| Parties | SELLERS. v. STATE. |
| Court | Georgia Supreme Court |
Criminal Law—Instructions—Harmless Error —New Trial—Newly-Discovered Evidence.
1. Even if, under the special facts of this case, it was the duty of the court to charge upon the law of confessions without a request so to do, the omission to do this is not cause for a new trial; it appearing that there was, outside of the testimony of the witness who swore to the confession, other and sufficient evidence to warrant the conviction.
2. Evidence which, in the nature of things, must have been known to the accused before his trial was ended, cannot, after verdict, be treated as newly discovered. If at any stage of the trial it became important or material to his defense to obtain the evidence in question, he should have taken immediate steps to procure the presence of the witness whose evidence was desired; invoking for this purpose, if necessary, a suspension of the trial until the attendance of the witness could be had.
(Syllabus by the Court)
Error from superior court Dodge county; C. C. Smith, Judge.
The following is the official report:
Sellers was indicted for selling liquor in Dodge county, unlawfully and without license, on October 19, 1895. He was found guilty, and, his motion for a new trial being overruled, he excepted, and brings error. Affirmed.
The motion was upon the general grounds that the verdict was contrary to law, evidence, etc. Error in permitting the state's witness, W. R. Lawson, to testify to an alleged confession made by defendant to wit, that defendant told witness about a week ago that he was the man who sold witness the liquor, without requiring any foundation for such confession to be laid. Defendant's counsel, however, did not object to this testimony when offered, nor move to rule it out. Error in not charging the law of confessions, and In not charging at all on the subject of confessions, though an alleged confession was relied upon by the state, to wit, the testimony of Lawson that defendant told him about a week before the trial, on the street in Eastman, in the presence of John J. Harrell, that he (defendant) was the man who sold witness the liquor testified about. Defendant's counsel did not request the court to charge on the subject of confessions, but contends that under the evidence it was the duty of the court to charge the law of confessions without request. Because of newly-discovered evidence. In support of this ground, movant produced...
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Sutton v. State
...to charge section 1031 of the Penal Code of 1910, as to the weight to be given confessions. Malone v. State, 77 Ga. 768(5); Sellers v. State, 99 Ga. 212, 25 S.E. 178; Walker v. State, 118 Ga. 34, 44 S.E. There is no substantial merit in the assignments of error as to the omission to give ot......
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Allen v. State
... ... It is well settled that in the ... absence of request such charge need not be given ... Patterson v. State, 124 Ga. 408, 410(2), 52 S.E ... 534; Anderson v. State, 190 Ga. 455(4), 9 S.E.2d [194 ... Ga. 437] 642; Allen v. State, 187 Ga. 178(3), 180, ... 200 S.E. 109, 120 A.L.R. 495; Sellers v. State, 99 ... Ga. 212, 25 S.E. 178; Gore v. State, 162 Ga. 267, ... 134 S.E. 36; Nail v. State, 125 Ga. 234(3), 54 S.E ... 145. Therefore this ground is without merit ... 4 ... Another portion of the charge challenged is that where the ... court said: 'In the event ... ...
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Anderson v. State
... ... charge the jury on the law of confessions or incriminatory ... admissions was not error, where there was evidence, ... independently of such confessions or admissions, to sustain ... the conviction. Allen v. State, 187 Ga. 178(3), 180, ... 200 S.E. 109, 120 A.L.R. 495; Sellers v. State, 99 ... Ga. 212, 25 S.E. 178; Gore v. State, 162 Ga. 267, ... 134 S.E. 36; Nail v. State, 125 Ga. 234(3), 54 S.E ... 5. The ... last ground is based on alleged newly discovered evidence of ... a witness who stated in his affidavit, that he 'was ... standing at the ... ...
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Harper v. State
...truly, he cannot afterwards avail himself of their testimony as newly discovered evidence." Also, in this connection, see Sellers v. State, 99 Ga. 212, 25 S.E. 178; v. State, 117 Ga. 263, 43 S.E. 718; Burgess v. State, 93 Ga. 304, 20 S.E. 331; Kinnebrew v. State, 81 Ga. 765, 7 S.E. 691; Hud......