Whaley v. State, 9471.
| Decision Date | 12 October 1933 |
| Docket Number | No. 9471.,9471. |
| Citation | 171 S.E. 290,177 Ga. 757 |
| Parties | WHALEY. v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by Editorial Staff.
Error from Superior Court, Whitfield County; C. C. Pittman, Judge.
Will Whaley brings error.
Affirmed.
R. Carter Pittman and W. Gordon Mann, both of Dalton, for plaintiff in error.
John C. Mitchell, Sol. Gen., of Dalton, and M. U. Teomans, Atty. Gen., and B. D. Murphy, and Jno. T. Goree, Asst. Attys. Gen., for the State.
Syllabus Opinion by the Court.
1. The evidence, though in large measure circumstantial, authorized the inference that a conspiracy existed between the defendant and another person to kill the deceased, and that the defendant aided and abetted the killing by supplying the gun used by the other person for that purpose.
2. To warrant a conviction of felony on the testimony of an accomplice, it is necessary that the accomplice be corroborated, and McCalla v. State, 66 Ga. 346; Callaway v. State, 151 Ga. 342, 106 S. E. 577; Langston v. State, 153 Ga. 127 (3), 111 S. E. 561.
3. But Hargrove v. State, 125 Ga. 270, 274, 54 S. E. 164, 166. In the present case the jury were authorized to find that the alleged accomplice was sufficiently corroborated.
4. The charge of the court to the jury on the necessity and degree of corroboration amply covered the subject, and there was no error in refusing to give a requested instruction relating to the same subject, which contained the statement that "facts which merely cast on the defendant a grave suspicion of guilt are not sufficient, " although the charge as given did not contain this statement. Knight v. State, 143 Ga. 678, 85 S. E. 915.
5. Evidence that the defendant and...
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Arnold v. State
...215 Ga. 455, 111 S.E.2d 70 (1959). This contention has already been decided adversely to defendant's position in Whaley v. State, 177 Ga. 757, 758, 171 S.E. 290 (1933) where we held that there was no error in refusing to give a requested instruction which incorporated this statement. A fort......
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Seay v. State
...the defendant with the crime or tending to show his participation therein. Childers v. State, 52 Ga. 106, 110, 117; Whaley v. State, 177 Ga. 757(2), 171 S.E. 290; Gilbert v. State, 27 Ga.App. 604, 606, 109 S.E. 697; Wiggins v. State, 80 Ga.App. 258, 262(3), 55 S.E.2d 842; Parker v. State, 8......
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Wash. v. State
...498; Hammond v. State, supra. The language of the instant case is materially different from the language complained of in Whaley v. State, 177 Ga. 757 (6), 171 S.E. 290. In the latter case the Solicitor General was merely stating his opinion of the duty of the trial judge under a given stat......
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Pitts v. State, 47587
...crime is sufficient. Lindsey v. State, 227 Ga. 48, 52, 178 S.E.2d 848; Hargrove v. State, 125 Ga. 270, 275, 54 S.E. 164; Whaley v. State, 177 Ga. 757(3), 171 S.E. 290. 5. The sufficiency of corroboration of the accomplice is entirely a matter for the jury. Potts v. State, 86 Ga.App. 779(4),......