Dixon v. State

Supreme Court of Georgia

Dixon v. State

39 S.E. 846, 113 Ga. 1039, 1901 Ga. LEXIS 471

CourtSupreme Court of Georgia

DecidedJuly 22, 1901

StatusPublished

Cited by9 cases

This text of 39 S.E. 846 (Dixon 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

Dixon v. State, 39 S.E. 846, 113 Ga. 1039, 1901 Ga. LEXIS 471 (Ga. 1901).

Pincite

Opinion

Littue, J.

1. To render a confession of guilt admissible as evidence it must have been made voluntarily, without being induced by another by the slightest hope of benefit. Hence, any advice to a prisoner under arrest by the officer having her in custody, to the effect that if she knew anything she had better tell it, vitiates a confession induced thereby. Green v. State, 88 Ga. 516.

2. When in the trial of a criminal case it becomes a question whether or not the accused made a confession, a charge assuming that he did so is erroneous. Under such circumstances, the court should, in the proper connection, distinctly instruct the jury to ascertain from the evidence whether a confession has been in fact made.

Argued June 17, Decided July 22, 1901.

Indictment for murder. Before Judge Evans. Johnson superior court. May 18, 1901.

James K. Hines, Kent & Hatcher, and John Ii. Cooper, for plaintiff in error. J. M. Terrell, attorney-general, and B. T. Bawlingsf solicitor-general, contra.

3. Other than as above indicated, there was at the trial now under review no-material error a repetition of which will probably occur on the next hearing.

Judgment reversed.

All the Justices concurring.

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