Smith v. State

• Citation: 76 S.E. 1016,139 Ga. 230
• Parties: SMITH. v. STATE.
• Decision Date: 14 January 1913
• Court: Georgia Supreme Court

76 S.E. 1016

139 Ga. 230

SMITH.

v.STATE.

Supreme Court of Georgia.

Jan. 14, 1913.

(Syllabus by the Court.)

1. Criminal Law (§ 531^*)—Evidence—Confession — Determination of Admissibility.

Where it was sought to prove by a witness for the state that the defendant had made a confession, and the witness referred to testified that the confession was made freely and voluntarily, not under the influence of any threat or promise, under the rule of law that confessions are to be passed upon by the jury in all respects, the court did not err in admitting the evidence of confession, over objection made by counsel for the defendant on the ground that "the statement was made by the defendant after he had been run down by a posse and caught by dogs, and that he was in the possession of the coroner." Price v. State, 114 Ga. 855, 40 S. E. 1015; Holsenbake v. State, 45 Ga. 43.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 1212-1217; Dec. Dig. § 531.*]

2. Criminal Law (§ 828*)—Trial—Instructions—Necessity for Request.

Failure of the court to charge the jury on the law of confessions is not ground for a new trial, where there was no written request for a charge on that subject.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 3209-3246; Dec. Dig. § 828.*]

3. Evidence Sufficient.

There was ample evidence to support the verdict.

Error from Superior Court, Madison County; D. W. Meadow, Judge.

Alex Smith was convicted of crime, and brings error. Affirmed.

John E. Gordon, of Danielsville, for plaintiff in error.

Thos. J. Brown, Sol. Gen., of Elberton, and T. S. Felder, Atty. Gen., for the State.

BECK, J. Judgment affirmed. All the Justices concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes