54 Ga. App. 243 | Ga. Ct. App. | 1936
Henry M. Lancaster was convicted of arson. His motion for new trial was overruled, and he excepted. There was testimony for the State, that a schoolhouse for colored people was destroyed by fire on or about the first day of May, 1932. This building had been subjected to a fire a few weeks prior to the actual burning.' George Bowen, an accomplice, testified that Rude Hsher and Henry Lancaster, the defendant, came to his house about that time, about two o’clock in the night, and Bowen invited them in; that they came in and were drinking; that his wife got up and also took a few drinks; that Usher invited them to ride; that they consented, went out, and got into the car; that Lancaster
'“The testimony of a single witness is generally sufficient to establish a fact. Exceptions to this rule are made in specified case's; such as, to convict of treason or perjury, in any case of felony where the only witness is an accomplice, and to rebut a responsive statement in an answer in equity — in these cases (except in treason) corroborating circumstances may dispense with another witness.” Code, § 38-121. If the witness Bowen had not been an accomplice, generally speaking his testimony would have been sufficient to authorize the conviction of the defendant; but to
A witness for the State testified as follows: “I am the official court reporter for the Effingham superior court and the Ogeechee judicial circuit. What I questioned Mr. Lancaster about was what he knew about the murder case; he was later put in jail, and he sent for Mr. Neville, and Mr. Carr and I accompanied Mr. Neville over to the jail, and, after Mr. Lancaster gave us full details and particulars about Rude Usher killing a negro King Green, he stated to Mr. Neville, ‘I am in trouble now about burning the schoolhouse; won’t you be light on me about that?’ and Mr. Neville said, No, I can not make you any promises; if you want to tell it you can tell it,’ -and Mr. Lancaster said Yes, I was in that with them, but Rude Usher put us up to do it.’ That is all I know about it. Mr. Carr did not hear the latter part of the conversation, as he had walked off when Henry got through telling about the killing of King Green. Mr. Lancaster then went into some details with Mr. Neville about the burning, but I did not pay much attention to it, as I was more interested in the murder case.” We think the above declaration by the defendant to the witness, which apparently had reference to the matter charged, was admissible in evidence, although it did not in terms state the time and place to which it referred. In the light of the facts and circumstances proved, the jury were authorized to' find that the above declaration was a confession; and the judge did not err in leaving it to the jury to determine, under proper instructions, whether the defendant in making such a declaration had refer-
The remaining special grounds of the motion for new trial are obviously without merit. The evidence supports the verdict.
Judgment affirmed.