177 Ga. 264 | Ga. | 1933
Bochelle Jackson was convicted of murder, and received the death penalty. His motion for new trial, consisting of the general grounds and two grounds of amendment, was overruled, and he excepted. The State proved the corpus delicti.' Evidence of a confession made by the defendant to the witness Sumner was admitted without objection.
The first special ground of the motion presents the contention that the penalty of death should not have been inflicted, for the reason that the same is “contrary to law and the principles of justice,” the verdict having been “based on his confession, though corroborated by facts and circumstances.”
The second ground is as follows: “A¥hen both sides closed, the court made-the following announcement and ruling: 'Gentlemen of the jury, the witness D. S. Hudson, put upon the stand by the State, testified as to a certain alleged confession made to him by the prisoner. The court being of the opinion that such confession made under the conditions as described and outlined by the State’s witness, being of doubtful admissibility, now withdraws that alleged confession from your consideration. You will not consider it as being in the case, that is, the alleged confession testified about by the witness D. S. Hudson. I have no reference to the con
Judgment affirmed.