Legal Opinion

Holsenbake v. State

Supreme Court of Georgia

Decided January 15, 1872PublishedCited by 32 opinions

Criminal law. Before Judge Clark. Macon Superior Court. May, 1871. Holsenbake was indicted for murdering George W. Fish, in said county, on the 28th of February, 1871, by shooting him.

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Criminal law. Before Judge Clark. Macon Superior Court. May, 1871. Holsenbake was indicted for murdering George W. Fish, in said county, on the 28th of February, 1871, by shooting him. He was tried in May, 1871. Jacob Odom, a negro, testified that he was at the train about 2 o’clock, A. M., of said day, when Fish came on it to bis home, Oglethorpe; that he took Fish’s papers to carry for him, and, as they were walking near the Courthouse door, some one shot a gun from it, and Fish fell. He added that he ran off for help, told several persons that Fish was killed, and begged them to go to see…

1Opinion of the Court

McCay, Judge.

1. It is very possible that the truth of this case does not appear in the record, and that it was not brought out on the trial. As the case is presented to us, we are unable to find any fault with the Judge for admitting the statements of the prisoner. It does not appear that lie made any confession to Mr. Farrow. All that appears is that he promised to do so. It would be pushing the caution and charity of the law very far to refuse the statements made at the jail, under this state of the case. We recognize the 'rule, that, if a confession be drawn out by improper influences,…

2Cited by32 opinions

  1. Woolfolk v. StateSupreme Court of Georgia · 1889
  2. Williams v. StateSupreme Court of Georgia · 1882
  3. Stephens v. StateCourt of Appeals of Georgia · 1972
  4. Bradberry v. StateSupreme Court of Georgia · 1930
  5. Wimberly v. StateSupreme Court of Georgia · 1898

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