Wilson v. State, 26704.
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | MacINTYRE, Judge. |
| Citation | 197 S.E. 48,57 Ga.App. 839 |
| Parties | WILSON v. STATE. |
| Docket Number | 26704. |
| Decision Date | 26 April 1938 |
WILSON
v.
STATE.
No. 26704.
Court of Appeals of Georgia, First Division
April 26, 1938
Syllabus by the Court.
1. Evidence of a confession voluntarily made by the defendant is direct evidence of the highest character and, when corroborated by proof of the corpus delicti, is sufficient to authorize a conviction.
2. "Laws, after promulgation, are obligatory upon all inhabitants of this State, and ignorance of the law excuses no one." Code, § 102-105. Although criminal intent is a necessary element of crime, yet, where the jury has said such intent existed, and there was evidence to support their verdict, this court will not interfere with or reverse such findings.
3. The evidence warranted the verdict.
Error from City Court of Savannah; B. B. Heery, Judge.
Katie Wilson was convicted of the misdemeanor of unlawfully keeping, maintaining, employing, and carrying on a certain scheme and device, other than a lottery, for the hazarding of money, the scheme and device being called a "clearing house," and she brings error.
Judgment affirmed.
Ulmer & Dowell, of Savannah, for plaintiff in error. [197 S.E. 49.]
Samuel A. Cann, Sol. Gen., and Andrew J. Ryan, Asst. Sol. Gen., both of Savannah, for the State.
MacINTYRE, Judge.
The defendant, Katie Wilson, was indicted for the commission of the misdemeanor of unlawfully keeping, maintaining, employing, and carrying on a certain scheme and device, other than a lottery, for the hazarding of money, said scheme and device being known as and called "clearing house." The jury returned a verdict of guilty and the judge pronounced sentence upon the defendant. The defendant filed a motion for new trial. The motion was overruled and denied, on which ruling the defendant assigns error based on the general grounds only.
The defendant sets up the defense that the alleged confession was not corroborated by either direct or circumstantial evidence, and, further, that the evidence showed no intent on the part of the defendant to violate the law but showed instead that as soon as she had knowledge that she was violating the law she discontinued her operations. In Morris v. State, 51 Ga.App. 16, 179 S.E. 418, this court held that evidence of a confession voluntarily made by the defendant is direct evidence of the highest character and, when corroborated by proof of the corpus delicti, is sufficient to authorize a conviction. See in this connection Berry v. State, 48...
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Phelps v. Pollard, 26776.
...the articles found by her off of the engine, and that she did not know how these articles came to be at this point. She did not attempt to [197 S.E. 48.] testify that the servants of the defendant did actually see the articles which she found, and her testimony does not indicate the size of......
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Phelps v. Pollard, 26776.
...the articles found by her off of the engine, and that she did not know how these articles came to be at this point. She did not attempt to [197 S.E. 48.] testify that the servants of the defendant did actually see the articles which she found, and her testimony does not indicate the size of......