Turner v. State

• Decision Date: 13 November 1912
• Parties: TURNER v. STATE.
• Court: Georgia Supreme Court

76 S.E. 349

138 Ga. 808

TURNER v. STATE.

Supreme Court of Georgia

November 13, 1912

Syllabus by the Court.

The instructions on the subject of admissions were not open to the objections made thereto.

There was evidence authorizing a charge on conspiracy.

The admission of irrelevant evidence is not cause for a new trial, where it is obvious that such evidence was not harmful to the accused.

There was sufficient evidence to warrant the verdict, and the court did not err in refusing a new trial.

Error from Superior Court, Butts County; R. T. Daniel, Judge.

J. C Turner was convicted of murder, and brings error. Affirmed.

O. M Duke, of Flovilla, and J. A. King, W. E. Watkins, R. W. Mays and H. M. Fletcher, all of Jackson, for plaintiff in error.

J. W Wise, Sol. Gen., of Fayetteville, and T. S. Felder, Atty. Gen., for the State.

FISH, C.J. (after stating the facts as above).

1. One of the grounds of the motion for new trial is that the court erred in instructing the jury as follows: "An admission, as applied to a criminal case, is the statement made by the defendant of a fact or facts pertinent to the issue, or [and?] tending in connection with other facts or circumstances, to prove the guilt of the accused, but which of itself is not enough to authorize a conviction." The errors assigned upon this instruction are that it "is not a correct definition of an admission and is not a correct statement of the law; further, it is error to charge on admissions. Admissions apply to civil cases; confessions, to criminal cases. The law is stricter on the sufficiency and admissibility of confessions than for admissions." Immediately following the instruction above quoted, the court charged as follows: "If the jury believe any admission was made by the defendant in this case as to any fact or facts illustrating his guilt or innocence, you may consider the same in connection with and in the light of any other facts bearing upon the guilt or innocence of the accused, and from all the evidence given, and considering the defendant's statement, determine the guilt or innocence of the accused. I charge that all admissions should be scanned with care and received with great caution. An admission, uncorroborated by other evidence, is not sufficient to justify a conviction. An admission is a circumstance which requires the aid of testimony to authorize a reasonable conclusion of guilt." The instruction is not erroneous for any of the reasons assigned, especially when considered in connection with the charge which immediately followed it, as above set forth. Ransom v. State, 2 Ga.App. 826 (2), 59 S.E. 101.

2. The motion assigns error upon the following excerpt from the charge: "A conspiracy may be defined as a combination or agreement between two or more persons to do an unlawful act. Whether or not there was a conspiracy in this case is for you to decide from the evidence. The existence or nonexistence of a conspiracy or common intent may be established by proof of acts and conduct, or by proof of express agreements, if any. If you determine that there was a conspiracy between two or more persons to do the act alleged in the indictment, then I charge you that any act done in pursuance of that agreement, by any one of the persons to the agreement, is the act of both or all, if done within the scope of the agreement. If you believe that...