55 Ga. App. 227 | Ga. Ct. App. | 1937
Lead Opinion
Special grounds 1 and 2: The court charged the jury as follows: “I further charge you in felony cases, and this charge is a felony, a conviction is not authorized on the uncorroborated testimony of an accomplice, and unless the testimony of an accomplice is corroborated by other competent evidence, which you believe, or by the facts and circumstances developed on the trial, you would not be authorized to convict on such testimony. If you should believe from the evidence that a witness in this case was an accomplice, then before you would be authorized to convict the defendants, or either of them, on the testimony of such witness, the corroborating facts and circumstances must be such as independent of the testimony of such witness would lead to the inference of the defendant’s guilt, and the corroborating facts and circumstances must, in some way connect the defendant or defendants, as the case may be, with the criminal act.” This charge stated correctly and accurately the rule as to the necessity of corroborating evidence with the testimony of an accomplice when corroboration is relied on. Callaway v. State, 151 Ga. 342, 343 (106 S. E. 577); Knight v. State, 143 Ga. 678 (85 S. E. 915). There was no error in refusing to give the requested instruction '“that the testimony of a self-confessed accomplice, that is to say a self-confessed perpetrator of the crime for which the defendants are on trial, is not to be given the same faith and credit as that given to other witnesses.” Nor was there error in refusing the request to charge “that a fact can not be established in a criminal felony case in this State, beyond a reasonable doubt, by the uncorroborated testimony, of a confessed accomplice to the crime with which the defendant is charged.” The charge as given sufficiently covered these requests.
2. Special ground 3: The witness was referring to a separate case against Borne Williams having a pistol, in response to the question of defendant’s attorney when the following occurred: “Q. When they bound him over, you stated there he didn’t have a pistol? A. No, sir, each time I told them he had a pistol.” Mr. Garrett (the solicitor-general) : “I object to that as immaterial
Ground 4: The two defendants in this case were being tried on a joint indictment. After the State closed its evidence, counsel for the defendants made the following statement to the court: “I want, if your honor please, to let each of the defendants be sworn as a witness for the other, with the understanding that the sworn testimony of each, as to the case of the other, shall be considered as his statement in his own case.” The court: “Very well, you can do that; or you can do both. Let them be sworn and make statements.” The defendants were sworn, questioned by defendant’s counsel, and cross-examined by the solicitor-general. Movant contended that he desired to do. this in the interest of time, to prevent the two defendants from having to go over the whole story in evidence for each other, and then having to repeat it in an unsworn statement for themselves; that the court assented to it; and that, relatively to the testimony of the defendants thus
Special grounds: The solicitor-general in his argument to the jury used the following language: <eGraham’s lot [the place where the alleged crime was committed and where both defendants lived, according to the evidence] is a cesspool of vice and corruption and a black spot on the face of Bibb County; that nobody knows how
This court in this case certified to the Supreme Court three questions: (a) “When improper argument to the jury is made by counsel, is it essential, in order to make the action of the judge in reference to the same a basis for review, that a motion to declare a mistrial be made ? See, in this connection, Southern Ry. Co. v. Brown, 126 Ga. 1, 6 [supra]; Patton v. State, 117 Ga. 230, 239 (43 S. E. 533); Rawlins v. State, 124 Ga. 31 (10), 51 (52 S. E. 1); Georgia Power Co. v. Puckett, 181 Ga. 386, 396 (182 S. E. 384); Snell v. State, 179 Ga. 52 (175 S. E. 14); Brown v. State,
Grounds 6 and 7 of the motion for new trial are without merit.
Judgment reversed.
Dissenting Opinion
dissenting. I do not think that under the facts of this case the alleged improper argument of the solicitor-general was so injurious to the cause of the defendants as to require another trial. Furthermore, the motion for new trial discloses that when counsel for the defendants objected to the argument on the grounds that -it was “prejudicial and without evidence to support it,” he was interrupted by the solicitor-general, who stated: “I mean from this record. I say that from this record and from the facts appearing here in this trial, it is such a place.” After this statement, counsel for the defendants made no further objection to the argument, and thereupon the court said: “Go ahead with your argument, Mr. Solicitor.” The solicitor-general then repeated his alleged improper statements, but qualified them by