Charles v. State

Supreme Court of Georgia

Charles v. State

185 S.E. 341, 182 Ga. 359, 1936 Ga. LEXIS 359

CourtSupreme Court of Georgia

DecidedApril 17, 1936

DocketNo. 11046

StatusPublished

Cited by1 cases

This text of 185 S.E. 341 (Charles v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Charles v. State, 185 S.E. 341, 182 Ga. 359, 1936 Ga. LEXIS 359 (Ga. 1936).

Pincite

Opinion

Beck, Presiding Justice.

Demp Charles was indicted for the offense of murder. The jury trying the case returned a verdict of guilty, without a recommendation. A motion for new trial, containing the general grounds, to which two special assignments of [360]*360error were added by amendment, was overruled, and the defendant excepted.

The evidence authorized the verdict. A free and voluntary confession made by the defendant was proved, and this was corroborated by the testimony of an accomplice and by circumstantial evidence.

Error was assigned upon the overruling of the defendant’s objection to tbe introduction in evidence of an ax and ax-handle by the State, and of a pair of shoes which the State contended were worn by the defendant on the night of the murder; the objections being that the ax and ax-handle “were not identified as being the instruments with which the Crime was committed,” and that the shoes were not identified as “the shoes of the defendant.” All of these articles were sufficiently identified. The court did not err in overruling the objections to their introduction in evidence.

Judgment affirmed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Beck, Presiding Justice.

Demp Charles was indicted for the offense of murder. The jury trying the case returned a verdict of guilty, without a recommendation. A motion for new trial, containing the general grounds, to which two special assignments of [360]*360error were added by amendment, was overruled, and the defendant excepted.

The evidence authorized the verdict. A free and voluntary confession made by the defendant was proved, and this was corroborated by the testimony of an accomplice and by circumstantial evidence.

Error was assigned upon the overruling of the defendant’s objection to tbe introduction in evidence of an ax and ax-handle by the State, and of a pair of shoes which the State contended were worn by the defendant on the night of the murder; the objections being that the ax and ax-handle “were not identified as being the instruments with which the Crime was committed,” and that the shoes were not identified as “the shoes of the defendant.” All of these articles were sufficiently identified. The court did not err in overruling the objections to their introduction in evidence.

Judgment affirmed.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

185 S.E. 341, 182 Ga. 359, 1936 Ga. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charles-v-state-ga-1936.

Opinion

Related

Cite This Page — Counsel Stack