Legal Opinion

Hinson v. State

Supreme Court of Georgia

Decided November 16, 1921No. 2550PublishedCited by 23 opinions

Indictmént for murder. Before Judge Dickerson. Cook superior court. March 12, 1921. Milton Hinson, alias Milton Moon, was indicted for tbe homicide of his mother; and at the same term of court he filed his plea of not guilty, and a special plea of insanity. On the trial of the case the jury returned a verdict of guilty of murder, with a recommendation of life imprisonment; and the defendant was accordingly sentenced by the court.

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Indictmént for murder. Before Judge Dickerson. Cook superior court. March 12, 1921. Milton Hinson, alias Milton Moon, was indicted for tbe homicide of his mother; and at the same term of court he filed his plea of not guilty, and a special plea of insanity. On the trial of the case the jury returned a verdict of guilty of murder, with a recommendation of life imprisonment; and the defendant was accordingly sentenced by the court. He made a motion for new trial, which was overruled, and he excepted.

1Opinion of the CourtHill, J.

1. A confession alone, uncorroborated by other evidence, will not justify a conviction. Penal Code (1910), § 1031.(a) The sufficiency of the corroboration is a question for the jury. Coley v. State, 110 Ga. 271 (34 S. E. 845).(5) The evidence was sufficient to authorize the jury to find that the confession of the defendant was corroborated, and was sufficient to prove the corpus delicti.

2. Where, on the trial of one charged with murder, a plea of insanity is set up, the presumption is in favor of the sanity of the defendant. Carter v. State, 56 Ga. 463 (8); Danforth v. State, 75 Ga. 614 (4…

2Cases cited9 opinions

  1. Roberts v. StateSupreme Court of Georgia · 1847
  2. Carter v. StateSupreme Court of Georgia · 1876
  3. Danforth v. StateSupreme Court of Georgia · 1886
  4. Carr v. StateSupreme Court of Georgia · 1895
  5. Flanagan v. StateSupreme Court of Georgia · 1898

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Bryant v. StateSupreme Court of Georgia · 1941
  2. Stephens v. StateCourt of Appeals of Georgia · 1972
  3. Rozier v. StateSupreme Court of Georgia · 1938
  4. Lively v. StateSupreme Court of Georgia · 1934
  5. State v. FosterHawaii Supreme Court · 1960

18 more not listed; retrieve them via the Exa API.

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