Hecox v. State
Supreme Court of Georgia
Accusation of larceny. Before Judge Berry. Criminal court of Atlanta. June term, 1898. The plaintiff in error was accused of stealing fifteen dollars in money. The testimony shows, that he went to the prosecutor, who was on a train with his wife, and asked if the prosecutor had two ten-dollar bills which he could get for change. Prosecutor produced the two bills and held them until defendant had counted out three five-dollar bills and five dollars in change.
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Accusation of larceny. Before Judge Berry. Criminal court of Atlanta. June term, 1898. The plaintiff in error was accused of stealing fifteen dollars in money. The testimony shows, that he went to the prosecutor, who was on a train with his wife, and asked if the prosecutor had two ten-dollar bills which he could get for change. Prosecutor produced the two bills and held them until defendant had counted out three five-dollar bills and five dollars in change. Prosecutor placed this money in the lap of his wife, and gave defendant the, two ten-dollar bills. Defendant then reached down and…
1Opinion of the Court
Lewis J.
1. It is insisted in this case that the confession of the accused was improperly admitted, inasmuch as it was done under a hope of benefit, that his case might thereby be settled without a prosecution. It was not pretended that any such hope was induced by the witness or any other party. If any existed, it was entirely within the breast of the defendant himself. The confession was entirely voluntary, and under §1006 of the Penal Code, in order for a hope of benefit or a fear of injury to render it inadmissible, such hope or fear must be induced by another. Bohannon v. State, 92 Ga.…
2Cases cited1 opinion
- Bohanan v. StateSupreme Court of Georgia · 1893
3Cited by5 opinions
- Hill v. StateSupreme Court of Georgia · 1918
- Wilson v. StateCourt of Appeals of Georgia · 1917
- Cunnegin v. StateSupreme Court of Georgia · 1903
- Grubbs v. StateCourt of Appeals of Georgia · 1936
- Futch v. StateCourt of Appeals of Georgia · 1931