Futch v. State

Court of Appeals of Georgia

Futch v. State

159 S.E. 888, 43 Ga. App. 782, 1931 Ga. App. LEXIS 555

CourtCourt of Appeals of Georgia

DecidedSeptember 4, 1931

Docket21628

StatusPublished

This text of 159 S.E. 888 (Futch 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

Futch v. State, 159 S.E. 888, 43 Ga. App. 782, 1931 Ga. App. LEXIS 555 (Ga. Ct. App. 1931).

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Opinion

Beoyi.es, C. J.

1. “A confession of guilt by the accused, freely and voluntarily made, is admissible in evidence against him, although such confession is coupled with the proposition on his part to settle or compromise the case or charge against him, such an offer of settlement not being induced by another.” Hecox v. State, 105 Ga. 625 (31 S. E. 592). In the instant ease a ground of the motion for a new trial complains of the admission of certain evidence over the defendant’s objection that “admissions or propositions made with a view of compromise are not proper evidence and are inadmissible.” If evidence of a confession by the accused is admissible though coupled with an offer by him to settle or compromise the ease, then certainly evidence of “admissions” made by him is likewise admissible, though the admissions be coupled with an offer of compromise or settlement.

2. The verdict was' authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

Lulce, J., concurs. Bloodworth, J., absent on account of illness.

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Beoyi.es, C. J.

1. “A confession of guilt by the accused, freely and voluntarily made, is admissible in evidence against him, although such confession is coupled with the proposition on his part to settle or compromise the case or charge against him, such an offer of settlement not being induced by another.” Hecox v. State, 105 Ga. 625 (31 S. E. 592). In the instant ease a ground of the motion for a new trial complains of the admission of certain evidence over the defendant’s objection that “admissions or propositions made with a view of compromise are not proper evidence and are inadmissible.” If evidence of a confession by the accused is admissible though coupled with an offer by him to settle or compromise the ease, then certainly evidence of “admissions” made by him is likewise admissible, though the admissions be coupled with an offer of compromise or settlement.

2. The verdict was' authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

Lulce, J., concurs. Bloodworth, J., absent on account of illness.

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Bluebook (online)

159 S.E. 888, 43 Ga. App. 782, 1931 Ga. App. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/futch-v-state-gactapp-1931.

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