Peterson v. State

Court of Appeals of Georgia

Peterson v. State

91 S.E. 223, 19 Ga. App. 144, 1917 Ga. App. LEXIS 31

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1917

Docket7936

StatusPublished

Cited by1 cases

This text of 91 S.E. 223 (Peterson 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.

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Peterson v. State, 91 S.E. 223, 19 Ga. App. 144, 1917 Ga. App. LEXIS 31 (Ga. Ct. App. 1917).

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Opinion

Wade, C. J.

Not only was there proof of a plenary confession by the accused, apparently made without improper inducement, but the corpus delicti was shown by independent testimony, and there were circumstances in proof which definitely connected the accused with the perpetration of the crime. Proof of the corpus delicti may itself be sufficient corroboration of a confession. Wimberly v. State, 105 Ga. 188 (31 S. E. 162) ; Westbrook v. State, 91 Ga. 11 (16 S. E. 100) ; Davis v. State, 105 Ga. 808, 813 (32 S. E. 158) ; Sutton v. State, 17 Ga. App. 713, 714 (88 S. E. 122, 587), and cases there cited. The amount of corroboration necessary is not fixed, but is for the jury. Griner v. State, 121 Ga. 614 (49 S. E. 700) ; Holsenbake v. State, 45 Ga. 43; Cook v. State, 9 Ga. App. 208 (70 S. E. 1019).

Judgment affirmed.

George and Luke, JJ., concur.

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Wade, C. J.

Not only was there proof of a plenary confession by the accused, apparently made without improper inducement, but the corpus delicti was shown by independent testimony, and there were circumstances in proof which definitely connected the accused with the perpetration of the crime. Proof of the corpus delicti may itself be sufficient corroboration of a confession. Wimberly v. State, 105 Ga. 188 (31 S. E. 162) ; Westbrook v. State, 91 Ga. 11 (16 S. E. 100) ; Davis v. State, 105 Ga. 808, 813 (32 S. E. 158) ; Sutton v. State, 17 Ga. App. 713, 714 (88 S. E. 122, 587), and cases there cited. The amount of corroboration necessary is not fixed, but is for the jury. Griner v. State, 121 Ga. 614 (49 S. E. 700) ; Holsenbake v. State, 45 Ga. 43; Cook v. State, 9 Ga. App. 208 (70 S. E. 1019).

Judgment affirmed.

George and Luke, JJ., concur.

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91 S.E. 223, 19 Ga. App. 144, 1917 Ga. App. LEXIS 31, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-state-gactapp-1917.

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