159 Ga. 419 | Ga. | 1924
The accused was convicted of the offense of mur'der, and sentenced to life imprisonment. His motion for a new trial consists of the general grounds and two special grounds, one of which complains that the court erred in charging the jury as follows: “The general rule is that where evidence is offered in a criminal ease, the presiding judge becomes finally the judge of whether the evidence is admissible or inadmissible. There are exceptions to that rule; the admissibility or the non-admissibility of some evidence depends upon a mixed question of law and fact, and that is true as to confessions, because the law says a' confession
It will be observed that there is no contention that the charge on the subject of confession quoted above was not a correct statement of the law. . In fact it appears to be full, fair, and correct. Immediately after the killing the defendant stated to a witness, Jonas Scott, that he had killed the deceased. On cross-examination Jonas Scott testified that he “got away from him as quick as he could,” and that “he really never had any opportunity to tell me.” To the witness Trawick, about nine o’clock, shortly after the homicide, the defendant stated that he had killed the deceased in “self-defense.” To the witness Sam Johnson, at another time, the defendant stated, “I have killed Bill Stevens” (the deceased), but on cross-examination Johnson testified, “As to whether he said he killed him because he felt like he had to do it to keep from being killed himself, yes, that is the way, I reckon, he felt about it; that is what he told me; that was about twenty minutes after the killing.” Sheriff English testified: “Defendant made a statement to me about it that morning, that was Sunday after the killing Saturday night. He didn’t tell me anything except that he done the killing; he didn’t say why, and I didn’t ask -him.” Hnder the facts quoted from the brief of plaintiff in error, the same being as favorable to the accused as the evidence will permit, we think the court was authorized to instruct the jury on the subject of confessions. If it be conceded that the statements of the accused to Trawick and Johnson were not plenary confessions of guilt, but.were incriminating admissions coupled with exculpatory explanations, there remains the testimony of the sheriff, English, who testified that “He didn’t tell me anything except that he done the killing; he didn’t say why, and I didn’t ask him.” This testimony fully authorized the court to charge the jury on the subject of confessions even if it be conceded, which we do not, that none of the remaining evidence did authorize the charge on that subject. Moreover, there is the evidence of Jonas Scott. Coney v. State, 90 Ga. 140, 142 (15 S. E. 746); Webb v. State, 140 Ga. 779 (2) (79 S. E. 1126); Nail v. State, 142 Ga. 595 (3) (83 S. E. 226); Thompson v. State,
Headnotes two and three do not require elaboration.
Judgment affirmed.