Legal Opinion

Green v. State

Supreme Court of Georgia

Decided December 28, 1891PublishedCited by 20 opinions

Criminal law. Evidence. Confessions. Before Judge Gober. Eannin superior court. May term, 1891. Edmund and Ansil Green and two others were indicted for the murder of Keener. Edmund and Ansil were put upon trial; both were found guilty, the jury recommending that Ansil. be imprisoned for life. Ednjund moved for a new trial; his motion was overruled, and he excepted.

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Criminal law. Evidence. Confessions. Before Judge Gober. Eannin superior court. May term, 1891. Edmund and Ansil Green and two others were indicted for the murder of Keener. Edmund and Ansil were put upon trial; both were found guilty, the jury recommending that Ansil. be imprisoned for life. Ednjund moved for a new trial; his motion was overruled, and he excepted. One ground of the motion was, that the court erred in not ruling out the testimony of Wilson and Arp as to the confession of Edmund Green, on motion of the defendant on the ground that the confession was not freely and voluntarily…

1Opinion of the Court

Lumpkin, Justice.

A careful and laborious examination of a large number of text-books and decisions touching the admissibility of confessions in evidence in criminal cases, shows that the authorities are in considerable conflict, and that it is difficult to draw a precise line between confessions which should be received and those which should be rejected. The tendency of modern judicial opinion is to refuse to admit them when there is any reasonable ground to believe that they were induced by hope or fear. Precisely what words or conduct will constitute such inducement is not .easily…

2Cases cited2 opinions

  1. Rafe v. StateSupreme Court of Georgia · 1856
  2. Valentine v. StateSupreme Court of Georgia · 1886

3Cited by20 opinions

  1. Bryant v. StateSupreme Court of Georgia · 1941
  2. Williams v. StateSupreme Court of Georgia · 1897
  3. State v. CrankUtah Supreme Court · 1943
  4. Garrett v. StateSupreme Court of Georgia · 1948
  5. Turner v. StateSupreme Court of Georgia · 1948

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