Legal Opinion

Porter v. State

Court of Appeals of Georgia

Decided June 5, 1912No. 4115PublishedCited by 7 opinions

Indictment for burglary; from Wilkes superior court — Judge Walker. February 27, 1912.

1Opinion of the CourtRussell, J.

There being no proof of a plenary confession by the accused,

but, at most, evidence only of incriminatory admissions, it was such an error to charge the law relating to confessions as to require the grant of a new trial. These incriminatory admissions are not conclusive; and proof of inculpatory admissions will not authorize a charge upon the subject of confession. Owen v. State, 120 Ga. 296 (48 S. E. 21); Riley v. State, 1 Ga. App. 651 (57 S. E. 1031), and decisions cited.

Judgment reversed.

2Cases cited2 opinions

  1. Owens v. StateSupreme Court of Georgia · 1904
  2. Riley v. StateCourt of Appeals of Georgia · 1907

3Cited by7 opinions

  1. Easterling v. StateCourt of Appeals of Georgia · 1919
  2. Beasley v. StateCourt of Appeals of Georgia · 1922
  3. Benford v. StateCourt of Appeals of Georgia · 1928
  4. Johns v. StateCourt of Appeals of Georgia · 1949
  5. Martin v. StateCourt of Appeals of Georgia · 1919

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