DeVore v. State

Court of Appeals of Georgia

DeVore v. State

66 S.E. 484, 7 Ga. App. 197, 1909 Ga. App. LEXIS 584

CourtCourt of Appeals of Georgia

DecidedDecember 10, 1909

Docket2239

StatusPublished

Cited by3 cases

This text of 66 S.E. 484 (DeVore 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

DeVore v. State, 66 S.E. 484, 7 Ga. App. 197, 1909 Ga. App. LEXIS 584 (Ga. Ct. App. 1909).

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Opinion

Hill, C. J.

1. A confession freely and voluntarily made may be sufficient to convict of a crime, provided there is satisfactory evidence aliunde, direct or circumstantial, proving that the crime as confessed has been in fact committed. Allen v. State, 4 Ga. App. 458 (61 S. E. 740); Bines v. State, 118 Ga. 320 (45 S. E. 376, 68 L. R. A. 33).

'2. In an arson case, where the only proof as to the corpus delicti, outside of a confession, was the mere fact that two barns in which was stored inflammable material were burned at midnight, and the confession was shown to have been induced by promises of protection and immunity from punishment, made by the owner of the barns, a conviction was unsupported by the evidence and was contrary to law. Phillips v. State, 29 Ga. 105; Murray v. State, 43 Ga. 256; Bines v. State, supra.

Judgment reversed.

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Hill, C. J.

1. A confession freely and voluntarily made may be sufficient to convict of a crime, provided there is satisfactory evidence aliunde, direct or circumstantial, proving that the crime as confessed has been in fact committed. Allen v. State, 4 Ga. App. 458 (61 S. E. 740); Bines v. State, 118 Ga. 320 (45 S. E. 376, 68 L. R. A. 33).

'2. In an arson case, where the only proof as to the corpus delicti, outside of a confession, was the mere fact that two barns in which was stored inflammable material were burned at midnight, and the confession was shown to have been induced by promises of protection and immunity from punishment, made by the owner of the barns, a conviction was unsupported by the evidence and was contrary to law. Phillips v. State, 29 Ga. 105; Murray v. State, 43 Ga. 256; Bines v. State, supra.

Judgment reversed.

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Bluebook (online)

66 S.E. 484, 7 Ga. App. 197, 1909 Ga. App. LEXIS 584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/devore-v-state-gactapp-1909.

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