68 Ga. 661 | Ga. | 1882
Byrd was charged with the offence of larceny from the house. On a trial he was found guilty by the jury. A motion for new trial was made, which was overruled, and he excepted. The grounds of the motion were:
(1.) The admission in evidence of certain acts and conduct of one Tom Betts, who was charged as an accomplice and principal in said offence.
(2.) The admission in evidence of certain confessions of Byrd, the accused, given in under the circumstances detailed in the record.
(3.) Exceptions to certain portions of the charge of the court as given to the jury on the trial.
Prima facie under this proof, and during the pendency of the wrongful act, not only in its perpetration but in the effort at concealment, the act and conduct of one accomplice is admissible against the other, as are also his sayings pending the common criminal enterprise. They go to establish his guilt; and if the other is shown to have aided and abetted the offence, they are evidence of his guilt, for the act of one is the act of both when the common criminal intent is established. Hopkins’ Code, 536.
The rule upon the subject of the admissibility of confessions is prescribed in our Code: “Confessions induced by another by the slightest hope of benefit or the remotest fear of injury, are inadmissible as evidence.” Code, §3793-
Here the accused had denied positively any knowledge of the affair, or having the meat, but when assured by the employer on two several occasions, “if he would bring up the meat there was a probability the whole matter could be compromised and settled,” he is induced to act and speak. We think the confession (so far as he spoke at least) was clearly induced by the promise of this benefit, and there was error to admit it.
In carefully looking through the record, we are satisfied the offence was not made out without the admission of these confessions. The prosecutor could not swear posi
As to the charge of the court complained of in the fourth ground of the motion, there is no error; but as we cannot know what weight this inadmissible confession had upon the jury, and as we think the offence charged against the accused, was not (in the absence of this confession) satisfactorily proved, we feel it our duty to reverse the judgment and order a new trial.
Judgment reversed.