28 S.E.2d 660 | Ga. Ct. App. | 1944
1. The special grounds of the motion for new trial are without merit for the reasons set forth in the first division of the opinion.
2. The evidence sustained the verdict, and the court did not err in overruling the motion for new trial.
Special ground 3 assigns error because the court permitted the sheriff to testify concerning the confession of the defendant as set out in the statement of facts. This assignment of error is on the ground that since the defendant was forcibly compelled to produce the keys, which was the basis of the evidence against her, that any statement the defendant made concerning the evidence thus illegally procured was tainted at the source, and was impure and unsound as a foundation on which to establish a confession.
Thus it will be seen that the gist of the assignment of error on the special grounds of the motion is that the manner of procuring *493
the testimony introduced against the defendant was in violation of her constitutional right as contained in art. 1, sec. 1, par. 6 of the constitution of Georgia to the following effect: "No person shall be compelled to give testimony tending in any manner to criminate himself." Therefore this is the question before us for determination. It can not very well be disputed that the State troopers were authorized to arrest the defendant for operating her motor-vehicle on the public highways of the State without first procuring a license tag. The Code, §§ 68-9908, 27-207, and 68-201, clearly establish their authority to do so. The principle now under consideration has been the subject of considerable discussion by our appellate courts. We will refer to a few comparatively recent decisions on the question. InCalhoun v. State,
2. The evidence sustained the verdict, and the court did not err in overruling the motion for a new trial.
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur.