133 Ga. 427 | Ga. | 1909
George Goolsby was convicted of the murder of Will Parkman, and sentenced to be hanged. He moved for a new trial on the grounds, that the verdict was against the evidence, that certain illegal testimony was admitted, and that the court erred in charging the jury. His motion was overruled, and he excepted.
Neither of these statements amounts to a plenary confession of guilt, though they are of an incriminatory nature. In an incriminatory statement only one or more facts entering into the criminal act is admitted. Owens v. State, 120 Ga. 298. But, as remarked by Lewis, J., in Fuller v. State, 109 Ga. 811, “The sounder view of the law touching the admissibility of such declarations on the part of one charged with crime is to exclude them if not voluntarily made, upon the same principle that the defendant’s statement would be excluded if it amounted to a direct confession of guilt.” There is nothing in the record, beyond what appears in the quoted extracts, tending to show that these statements of the accused were not free and voluntary. This testimony was admissible. The bloody clothes of the defendant were found at the place where the defendant said he concealed them, and were produced at the trial. Also it was proved that the corpse of Parkman was found in the river where-pointed out by the defendant. In Rusher v. State, 94 Ga. 363, it was held that “The well-established rule, that independent facts discovered in consequence of a constrained confession made by a prisoner are admissible in evidence against him, is of force in this State, unless it appears that criminal violence was used in procuring the confession or making the discovery. And where such independent facts are admissible, so much of the prisoner’s acts and declarations as are necessary to account for the discovery and explain the manner of it are admissible also, but solely for this purpose. They count for nothing as confessions, and as such are to be wholly disregarded.” This is but an elaboration of the principle embodied in the Penal Code, §1008. The admissions were admissible, not as a confession, but as being part of the res gestee of the independent evidentiary facts discovered in consequence of the information imparted by the defendant.
Judgment affirmed.