Walker v. State
| Decision Date | 30 May 1903 |
| Citation | 118 Ga. 34,44 S.E. 850 |
| Parties | WALKER. v. STATE. |
| Court | Georgia Supreme Court |
CRIMINAL LAW—INSTRUCTIONS—CORROBORATION—CONFESSIONS—CONTINUANCE.
1. Having charged as to the weight which might be given the prisoner's statement, it was not necessary, in defining a reasonable doubt, for the judge further to say that it might arise from the defendant's statement. Pen. Code 1895, §§ 1010, 987; Vaughn v. State, 16 S. E. 64, 88 Ga. 738 (4); Lacewell v. State, 22 S. E. 546, 95 Ga. 349.
2. Where there was no evidence that a witness for the state was an accomplice, the court was not bound to charge Pen. Code 1895, § 991, as to the necessity of corroboration, even though the defendant contended the witnesswas an accomplice. Robinson v. State, 11 S. E. 544, 84 Ga. 674.
3. In the absence of a special request so to do, the court is not bound to charge Fen. Code 181)5. § 1005, as to the weight to be given confessions. Malone v. State, 77 Ga. 768 (5); Sellers v. State, 25 S. E. 178, 99 Ga. 212.
4. Some of the absent witnesses had not been summoned, and, as to all, the showing for a continuance was fatally defective. Pen. Code, 1895, § 962.
5. The verdict was sustained by the evidence, and no error of law was committed, and the refusal to grant a new trial is affirmed.
(Syllabus by the Court.)
Error from Superior Court, Laurens County; B. D. Evans, Judge.
W. B. Walker was convicted of crime, and brings error. Affirmed.
John R. Cooper, E. S. Baldwin, and R. J. Carswell, for plaintiff in error.
Jos. E. Pottle, Sol, Gen., for the State.
Judgment affirmed.
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Sutton v. State
...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. 850(3). is no substantial merit in the assignments of error as to the omission to give other specified instructions, since there wa......
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Chapman v. State
... ... to fail, in the absence of a timely and appropriate written ... request, to instruct the jury on the subject of confessions ... Among the cases in which such a ruling is made are: ... Malone v. State, 77 Ga. 768 (5); Nobles v ... State, 98 Ga. 73, 26 S.E. 64, 38 L.R.A. 577; Walker ... v. State, 118 Ga. 34, 44 S.E. 850; Patterson v ... State, 124 Ga. 408, 52 S.E. 534; Nail v. State, ... 125 Ga. 234, 54 S.E. 145; Pierce v. State, 132 Ga ... 27, 63 S.E. 792; Cantrell v. State, 141 Ga. 98, 80 ... S.E. 649; White v. State, 141 Ga. 526, 81 S.E. 440; ... Thomas v. State, ... ...
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Chapman v. State, (No. 12888.)
...which such a ruling is made are: Malone v. State, 77 Ga. 768(5); Nobles v. State, 98 Ga. 73, 26 S. E. 64, 38 L. R. A. 577; Walker v. State, 118 Ga. 34, 44 S. E. 850; Patterson v. State, 124 Ga. 408, 52 S. E. 534; Nail v. State, 125 Ga. 234, 54 S. E. 145; Pierce v. State, 132 Ga. 27, 63 S. E......
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Lindsay v. State
... ... 792, it was held: "Even if the evidence authorized a ... charge on the law of confessions, the failure to instruct the ... jury on that subject, in the absence of an appropriate ... written request so to do, was no cause for a new trial." ... See, also, Malone v. State, 77 Ga. 767; Walker ... v. State, 118 Ga. 34, 44 S.E. 850; Patterson v ... State, 124 Ga. 408, 52 S.E. 534; Nail v. State, ... 125 Ga. 234, 54 S.E. 145 ... 7 ... Complaint is made in the thirty-second and thirty-third ... grounds of the motion for a new trial because the court ... admitted ... ...