Legal Opinion

Walker v. State

Court of Appeals of Georgia

Decided December 16, 1920No. 11805PublishedCited by 1 opinion

Indictment for forgery; from Bibb superior court — Judge Mathews. July 28, 1920. As to the presumption of innocence, the court charged the jury that it “ arises in favor of the defendant at the outset, and that presumption remains with him until his guilt is shown beyond a reasonable doubt. ” In the first special ground of the motion fox a new trial this instruction is complained of “for the reason that it does not state the correct rule of law in regard to the burden of…

Read the full summary

Indictment for forgery; from Bibb superior court — Judge Mathews. July 28, 1920. As to the presumption of innocence, the court charged the jury that it “ arises in favor of the defendant at the outset, and that presumption remains with him until his guilt is shown beyond a reasonable doubt. ” In the first special ground of the motion fox a new trial this instruction is complained of “for the reason that it does not state the correct rule of law in regard to the burden of proof; ” that the burden is upon the State to make out its case beyond a reasonable doubt, and that the court did not so…

1Opinion of the CourtLuke, J.

1. A conviction may be lawfully bad upon a free and voluntary confession, tliougli it be not otherwise corroborated than by proof of the corpus delicti. Chancey v. State, 141 Ga. 54 (5) (80 S. E. 287), and cases cited.

2 When the charge of the court is read in its entirety, there is no error in the excerpt from the instructions upon the burden of proof or upon . the reasonable doubt vouchsafed the defendant by the law; nor is there merit in the exception that the judge erred in charging upon the subject of confession.

3. The evidence authorized the conviction of the defendant, and for no reason…

2Cases cited1 opinion

  1. Chancey v. StateSupreme Court of Georgia · 1913

3Cited by1 opinion

  1. Mathis v. StateCourt of Appeals of Georgia · 1937

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API