24 Ga. App. 424 | Ga. Ct. App. | 1919
Lead Opinion
Caroline Coleman and Eva Easterling were on trial charged with robbery. The State sought to prove that there was a conspiracy between the two women and two men to rob a man named Christopher; that the women had persuaded the victim to carry them in his automobile to a certain point some distance out on one of the suburban roads, and one of them gave a signal to the men, who came up and committed the robbery. On the trial a witness swore that after the women were arrested, Mrs. Coleman, in the presence of Eva Easterling, freely and voluntarily said, “They (Coleman and Easterling) were out there with this Greek Christopher, and the Greek wanted her to do something, but which she didn’t want to do, and she screamed so that the boys could come up and assist her.” The learned judge construed this statement'to be a confession of guilt, and charged the jury on confessions. In doing this we think he erred. It is possible to place two constructions upon the statement of Mrs. Coleman; the one is that she screamed to bring the boys- to protect her against the advances of Christopher, and the other, as the State
As a new trial is to be had, it will avail nothing to pass upon the other grounds of the motion.
Judgment reversed.
Dissenting Opinion
dissenting. While the trial judge erred in charging upon the law of confessions, he also in immediate connection therewith, clearly and explicitly instructed the jury as follows: “See if there has been any confession in this case, and if there has not been, you will not consider the charge I have given you in regard to confessions.” Furthermore, in my opinion, the evidence fairly demanded the defendant’s conviction, and therefore the error in the charge of the court does not require a new trial.