[Download] "James v. State" by Court of Appeals of Georgia " Book PDF Kindle ePub Free

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Title: James v. State
Author : Court of Appeals of Georgia
Release Date : January 11, 1952
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 47 KB

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1. ""A confession is a voluntary statement made by a person charged with the commission of a crime wherein he acknowledges himself to be guilty of the offense charged.' Owens v. State, 120 Ga. 296 (2) (48 S.E. 21). This definition of a confession implies an admission of every essential element necessary to establish the crime wherewith the defendant is charged. Unless the statement of the defendant is broad enough to comprehend every essential element necessary to make out the case against him, it can not be said to be an admission of guilt, a confession. There is a difference between an incriminating statement and a confession of guilt. In an incriminating statement only one or more, but not all, of the facts entering into the criminal act is admitted, while in a confession the entire criminal act is confessed; that is, every essential element necessary to establish the crime with which the defendant is charged is admitted. Clarke v. State, 165 Ga. 326, 331 (140 S.E. 889) . . . 'An admission of the main fact from which the essential elements of the criminal act may be inferred amounts to an admission of the crime itself' (Owens v. State, supra), as 'where there is evidence showing that the defendant admitted the homicide [manufacture of whisky] of which he is accused, and he states in connection therewith no facts or circumstances of excuse or justification, or gives reasons which are insufficient to furnish any legal excuse or justification, the statement amounts to a confession of guilt . . .' Pressley v. State, 201 Ga. 267, 271 (39 S.E.2d 478)."" Brown v. State, 83 Ga. App. 650, 651 (64 S.E.2d 313). 2. ""To make a confession admissible, it must have been made voluntarily, without being induced by another, by the slightest hope of benefit or remotest fear of injury."" Code, § 38-411.