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Walker v. State

44 S.E. 850, 118 Ga. 34, 1903 Ga. LEXIS 426
Supreme Court of Georgia·Decided May 30, 1903·Published·Cited by 37 cases

Opinion

Lamab, J.

1. Having charged as to the weight which might be given the prisoner’s statement, it was not necessary, in defining a reasonable doubt, for the judge further to say that it might arise from the defendant’s statement. Penal Code §§ 1010, 987. Vaughn v. State, 88 Ga. 738 (4); Lacewell v. State, 95 Ga. 349.

2. Where there was no evidence that a witness for the State was an accomplice, the court was not bound to charge Penal Code, § 991, as to the necessity of corroboration, even though the defendant contended the witness was an accomplice. Robinson v. State, 84 Ga. 674.

3. In the absence of a special request so to do, the court is not bound to charge Penal Code, § 1005, as to the weight to be given confessions. Malone v. State, 77 Ga. 768 (5); Sellers v. State, 99 Ga. 212.

4. Some of the absent witnesses had not been summoned, and as to all the showing for a continuance was fatally defective. Penal Code, § 962.

5. The verdict was sustained by the evidence, and no error of law was committed. The refusal to grant a new trial is Affirmed.

By five Justices. Indictment for arson. Before Judge Evans. Laurens superior ■court. March 16, 1903. John B. Cooper, E. S. Baldwin, and J . J. Carswell, for plaintiff in error. J. E. Bottle, solicitor-general, contra.

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Walker v. State, 44 S.E. 850, 118 Ga. 34, 1903 Ga. LEXIS 426 (Ga. 1903).

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