Dixon v. State

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

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.