128 Ga. 71 | Ga. | 1907
(After stating the facts.)
Discussion of the questions disposed of by the rulings in the first and second headnotes is unnecessary. The court’s charge is not subject to any of the criticisms made upon it. Nor were any cf the rulings upon the admissibility of testimony shown to have been erroneous, save the one which we will take up for consideration. A witness for the State, over timely and proper objection, was permitted to give testimony te show that the accused was at the time of the homicide living in needy and indigent circumstances. The court had permitted the solicitor-general to introduce testimony - tending to establish the fact that the defendant knew that the deceased, the father of defendant, had insurance upon his life, and that he had money in bank. The court properly admitte'd this testimony. The evidence in regard to the insurance, however, would be admissible only in case it should be made to appear that the accused was a beneficiary under the policy of insurance upon the life of the father, or that he believed himseíf to be a beneficiary. Such evidence is admissible under the rule that evidence going to show motive is always material and relevant to the issues on the trial of one for murder, where the accused denies the act of killing. If one by the death of another can- reasonably expect to come into the immediate possession of property, that fact tends to show a motive for the murder on the part of the one to be profited by the deed. Filial affection has not always proved strong enough to resist the dictates of cupidity.,. And it was for the jury to say in this case whether the circumstances were such as to bring that passion into play. But we do not think that proof as -to the financial condition of the accused sufficiently illustrated that question to render evidence in regard thereto admissible.
It may be argued that the pecuniary condition of one in need is relevant to show the probability of such a person’s desiring to commit a crime in order to obtain money. But it is very far from being established that the 'poor and needy feel any more strongly the desire to obtain money than the opulent. Besides, to admit the
Judgment reversed.