1 Ga. App. 129 | Ga. Ct. App. | 1907
The plaintiff in error was tried on an accusation in the city court of Nashville, charging him with the offense of larceny from the house. He was found guilty by the jury, and he made a motion for a new trial, which was overruled. This judgment was excepted to and assigned as error. Besides the usual and general grounds of error, an additional ground of error is assigned, excepting to the judgment of the court in admitting certain statements made by the defendant, while under arrest, as a confession of his guilt, it being insisted that the said statements did not amount to a confession of guilt, and if a confession, it was “not made voluntarily, but was induced by the hope of reward and with the fear of injury and punishment.” We will first consider the statements made by the defendant while under arrest, for the purpose of determining if such statements amounted to a confession of guilt. We quote the evidence on this point in full, as'well as the evidence just preceding the statements. The prosecuting witness, whose property (a gold watch) was alleged to have been stolen from his house, testified as follows: “He suspieioned the defendant and arrested him, and ,’phoned the sheriff, who came over to Cottle and deputized witness to continue the arrest, and to take defendant to Nashville and put him in the common jail in Berrien county. He started with him, and got to the river, within about one and one half mile of Nashville. Just before they
Does the language quoted above amount to a confession of guilt ? “A confession is limited in precise scope and meaning to the criminal act itself. It does not apply to acknowledgment of facts merely tending to establish guilt, since a damaging fact may be admitted without any intention to confess guilt.” 6 Am. & Eng. Enc. of Law,- 531. Chief Justice Bleckley, in the case of Covington v. State, 79 Ga. 690, says that there is a broad distinction between mere admissions of inculpatory facts and confessions of guilt. “When a person only admits certain facts from which the jury may or may not infer guilt, there is no confession.” ■ In this statement now under consideration, there are really no inculpatory facts, and the entire language is perfectly consistent with the innocence of the defendant. His expressed regret could be as reasonably applied to the fact of his arrest, charged with the offense, as it could be construed into an admission of his guilt; and his declaration that if the prosecutor would let him go back, he would get his watch, was more the expression of a desire to get away than anything else, or that, while innocent, he knew where the watch was. The above statements of the defendant, while merely evidentiary facts, not necessarily inconsistent with innocence, if otherwise admissible, were properly submitted to the jury to be
,It would be fruitless to cite adjudicated cases *or the purpose of endeavoring to deduce from them what quantum of proof, in a case presented, is adequate to create, by the operation of hope or fear, an involuntary condition of the mind; for all the decided cases necessarily rest upon the state of facts which existed in the particular case, and therefore furnish no certain criterion for any general rule of law by which the admissibility of a confession could be determined. Such rule must be evolved from the facts of each particular case. 2 Taylor Ev. §872; Brand v. U. S. 532; Green v. State, 88 Ga. 516. In this State, the test, as laid down b}r the Penal Code, §1006, must be applied to the facts and circumstances of each particular, case. Let us apply the facts in this record to this rule of the code to see if the statement now under consideration was made as a voluntary confession, without being induced by the “slightest hope of benefit or remotest fear of injury.” Consider the situation of the defendant as disclosed by the evidence in the record. His employer, a white man, claims to have lost his watch by theft. Without any apparent reason, he suspects the defendant. Without warrant of law he seizes him, searches his person, and searches his house and the person of his wife. His searches are fruitless, but he continues to hold the man under arrest, and telephones to the sheriff to come over; the sheriff comes, and directs the prosecutor to take the man to jail. The prosecutor had a pistol on his person, which was seen by the defendant. After proceeding some distance on the way to jail, the-prosecutor, according to his own testimony, said to the defendant, “Bill, I do not see why you would treat me this way, as good, as I have been to you.” The defendant said, “I shore does hate it. I wouldn’t have had it to happen for a hundred dollars.” The prosecutor said, “All I want is my watch;” whereat the defendant said, “If you will let me go back, I will get your watch.” Before this statement was made, as
Besides, these statements, even if admissible, are entirely consistent with the defendant’s innocence. There was no other evidence whatever, so far as is shown by the record, indicating his guilt or in any manner connecting him with the larceny. The
■This was the testimony in the case, and, it will be seen, it wholly fails to connect the defendant with the larceny of the watch. All the other persons present had a better opportunity for stealing the watch than the defendant. Nevertheless, the prosecutor “suspicioned” the defendant, according to his statement, arrested him, searched him, his wife, and his house, and did not find the watch. It is inconceivable how the jury, under the
Judgment reversed.