Roberts v. State

Court of Appeals of Georgia

Roberts v. State

133 S.E. 274, 35 Ga. App. 393, 1926 Ga. App. LEXIS 385

CourtCourt of Appeals of Georgia

DecidedMay 12, 1926

Docket17244

StatusPublished

This text of 133 S.E. 274 (Roberts 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

Roberts v. State, 133 S.E. 274, 35 Ga. App. 393, 1926 Ga. App. LEXIS 385 (Ga. Ct. App. 1926).

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Opinion

Bbotles, C. J.

The accused was convicted of the offense of buying seed-cotton after sunset and before sunrise. The only evidence tending to show his guilt was an alleged confession, not corroborated by any other evidence. It is well-settled law in this State that a confession by the accused is not in itself sufficient to establish the corpus delicti, and that the corpus delicti must be proved before the accused can be lawfully convicted. Davenport v. State, 12 Ga. App. 102, 104 (76 S. E. 756). It follows that the defendant’s conviction was unauthorized, and that the overruling of his motion for a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bbotles, C. J.

The accused was convicted of the offense of buying seed-cotton after sunset and before sunrise. The only evidence tending to show his guilt was an alleged confession, not corroborated by any other evidence. It is well-settled law in this State that a confession by the accused is not in itself sufficient to establish the corpus delicti, and that the corpus delicti must be proved before the accused can be lawfully convicted. Davenport v. State, 12 Ga. App. 102, 104 (76 S. E. 756). It follows that the defendant’s conviction was unauthorized, and that the overruling of his motion for a new trial was error.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

133 S.E. 274, 35 Ga. App. 393, 1926 Ga. App. LEXIS 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-state-gactapp-1926.

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