222 Ga. 438 | Ga. | 1966
Willie Smith was indicted in Richmond County for the offense of murder. The indictment alleges that he killed James T. Moates on January 24, 1965, by shooting him with a pistol. He was convicted of that offense and sentenced to life imprisonment. He filed an appeal to this court and within the time allowed by law enumerated as errors the occurrences which will be hereinafter considered and dealt with. Held:
1. Prior to pleading to- the merits, the accused filed a motion to quash the indictment on the ground that he was arrested on a warrant issued on August 14, 1965, and was not given a commitment hearing until August 24, 1965, and on the further ground that since his arrest two terms of the court had been held at which he was not given a trial. On the hearing
2. Over an objection by the accused that he had not been previously informed of his constitutional right against self-incrimination, J. C. Carmain, a witness for the State, was allowed to testify to a conversation he overheard between the accused and Bobby Thurmond while they were confined as prisoners in the city jail of Augusta — a conversation, in which the accused made certain incriminating statements. The allowance of this evidence over the objection made thereto was not erroneous. His statement was not made in response to any question propounded to him by the witness but was simply a conversation between the accused and Thurmond which the witness as a turnkey overheard while the accused and Thurmond were confined in separate cells of the city’s jail.
3. A written confession which F. B. Boldin obtained from the accused on August 16, 1965, while he was in custody was allowed in evidence over an objection that it was not freely and voluntarily made. Over the same objection the witness Boldin was allowed to testify to an oral confession the accused made to him on the same day. As to the allowance of each confession in evidence, error is enumerated. Respecting them, the record shows: Boldin, a member of the Augusta police force, had been assigned to investigate the killing of Moates which occurred during a robbery on January 24, 1965, at the Kayo Service Station where Moates was working. Boldin had received information indicating the accused, a 19-year-old
4. On the trial, counsel for the accused offered in evidence an official transcript of the testimony which the State introduced on the commitment hearing of his case which the court reporter had filed with the Clerk of the Superior Court of Richmond County, stating that it was offered for the purpose of impeaching the testimony of Kelsey Faison, a material witness for the State. At the time it was offered, counsel for the accused stated in his place that Faison’s testimony on the commitment hearing was substantially different from that given by him on the trial. The solicitor general objected to its introduction but stated no ground therefor. On the objection made thereto, the court erred in excluding such proffered transcription of the evidence.
5. Error is also enumerated on the court’s failure to charge “with
6. For the reasons stated in Divisions 3 and 4 a new trial must be and is ordered.
Judgment reversed.