59 Ga. 333 | Ga. | 1877
The defendant was indicted for the offense of murder, and on his trial therefor was found guilty. A motion was made for a new trial, on the grounds therein stated, which was overruled by the court, and the defendant excepted. The main ground of error insisted on here was the ruling of the court as to the admission of the evidence of Atwater and Starling as to the confessions of the defendant, made to them. It appears from the evidence, that the deceased was missing, that search was made for him, and his body was found in a gully, where it had been thrown after having been shot from the wounds apparent thereon, and his skull was also broken— the -body was covered with trash and brush.. The defendant had been arrested before the body was found, and was in charge of J. M. Daniel when it was found. When the state offered to prove the confession of the defendant, as pnade to Atwater and Starling, the counsel of defendant offered to prove by Daniel that the confession of the defendant was not freely and voluntarily made by him; that within less than an hour before the two witnesses, Atwater and Starling, came to where defendant was in the custody of Daniel, the defendant had made a confession to him, Daniel, of having killed the ’ deceased, Daniel telling him that “ the law will be lighter on you if you will confess.” The court refused to' allow the proof so offered, and per
Let the judgment of the court below be affirmed.