78 Ga. 98 | Ga. | 1886
The failure to test the competency of the confession by an inquiry preliminary to their admission, thereby allowing them to make an improper impression upon the minds of the jury, doubtless influenced the presiding judge to deliver this charge, limiting and restraining the force and effect which such admissions would have without it, and was, in fact, more favorable to the defendant than if the motion of his counsel had prevailed and the testimony, without more, had been rejected. We might and probably ought to have declined to consider the general exception made to this charge in which no specific error is alleged or pointed out. If the case, in our opinion, had not been clear upon the proof, we should have been less reluctant to interfere and to arrest the execution of the sentence.
Judgment affirmed.