Benford v. State

Court of Appeals of Georgia

Benford v. State

145 S.E. 474, 38 Ga. App. 740, 1928 Ga. App. LEXIS 424

CourtCourt of Appeals of Georgia

DecidedNovember 14, 1928

Docket19143

StatusPublished

Cited by5 cases

This text of 145 S.E. 474 (Benford v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Benford v. State, 145 S.E. 474, 38 Ga. App. 740, 1928 Ga. App. LEXIS 424 (Ga. Ct. App. 1928).

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Opinion

Bloodwoeti-i, J.

1. “There being no proof of a plenary confession by the accused, but, at most, evidence only of incriminatory admissions, it was such an error to charge the law relating to confessions as to require the grant of a new trial. These incriminatory admissions are not conclusive; and proof of inculpatory admissions will not authorize a charge upon the subject of confession. Owens v. State, 120 Ga. 296 (48 S. E. 21; Riley v. State, 1 Ga. App. 651 (57 S. E. 1031), and decisions cited.” Porter v. State, 11 Ga. App. 246 (74 S. E. 1099). Under the foregoing ruling the judge erred in charging the law relating to confessions. See also Beasley v. State, 28 Ga. App. 564, 565 (112 S. E. 168), and cit.; Chislon v. State, 19 Ga. App. 608 (91 S. E. 893).

2. It is not necessary to pass upon the other grounds of the motion for a new trial, as the issues raised therein are not likely to recur on another trial.

Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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Bloodwoeti-i, J.

1. “There being no proof of a plenary confession by the accused, but, at most, evidence only of incriminatory admissions, it was such an error to charge the law relating to confessions as to require the grant of a new trial. These incriminatory admissions are not conclusive; and proof of inculpatory admissions will not authorize a charge upon the subject of confession. Owens v. State, 120 Ga. 296 (48 S. E. 21; Riley v. State, 1 Ga. App. 651 (57 S. E. 1031), and decisions cited.” Porter v. State, 11 Ga. App. 246 (74 S. E. 1099). Under the foregoing ruling the judge erred in charging the law relating to confessions. See also Beasley v. State, 28 Ga. App. 564, 565 (112 S. E. 168), and cit.; Chislon v. State, 19 Ga. App. 608 (91 S. E. 893).

2. It is not necessary to pass upon the other grounds of the motion for a new trial, as the issues raised therein are not likely to recur on another trial.

Judgment reversed.

Broyles, G. J., and Luke, J., concur.

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Bluebook (online)

145 S.E. 474, 38 Ga. App. 740, 1928 Ga. App. LEXIS 424, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benford-v-state-gactapp-1928.

Opinion

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