Lowe v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Felton. Bibb superior court. January 17, 1906. Henry Banks and Cornelius Lowe were jointly indicted for the murder of Will Russell. They were tried separately.
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Indictment for murder. Before Judge Felton. Bibb superior court. January 17, 1906. Henry Banks and Cornelius Lowe were jointly indicted for the murder of Will Russell. They were tried separately. On the trial of Lowe the corpus delicti was proved, and -it was shown that the defendant made a statement or confession orally, and that after-wards he repeated substantially the same thing in the presence of a stenographer, who took down the statement stenographically and subsequently transcribed it in longhand. The confession was elaborate and rambling, but the substance of it was, that Banks had…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. While the statement made by the defendant contained certain expressions to the effect that he did not do the killing, and was long, rambling, and full of immaterial details, the substantial effect of it was, that he entered into a conspiracy with Banks to kill Russell, and that Banks did the actual killing, while he remained at a short distance away, keeping watch. 'In other words, it was a confession that Banks was a principal in the first degree, while he was a principal in the second degree. There was, therefore, no error in admitting it as a…
2Cases cited4 opinions
- McWhorter v. StateSupreme Court of Georgia · 1903
- Collins v. StateSupreme Court of Georgia · 1892
- Leonard v. StateSupreme Court of Georgia · 1886
- Morgan v. StateSupreme Court of Georgia · 1904
3Cited by11 opinions
- Smithwick v. StateSupreme Court of Georgia · 1945
- Hill v. StateSupreme Court of Georgia · 1946
- Chambers v. StateSupreme Court of Georgia · 1942
- Johnson v. StateSupreme Court of Georgia · 1948
- Freeman v. StateSupreme Court of Georgia · 1973
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