Legal Opinion

Gates v. State

Court of Appeals of Georgia

Decided June 13, 1917No. 8672PublishedCited by 5 opinions

Indictment for breaking and entering railroad-car; from Bibb superior court—Judge Mathews. February 17, 1917.

1Opinion of the CourtWade, C. J.

1. There is no merit in the first two special grounds of the motion for a new trial. Inculpatory statements made in the presence and hearing of the defendant and neither answered nor denied by him are admissible in evidence. Penal Code, § 1029. See also Hoye v. State, 66 Ga. 740 (2); Franklin v. State, 69 Ga. 36 (2) (47 Am. R. 748); Watson v. State, 136 Ga. 236 (71 S. E. 122). “Evidence as to declaration ■ of a bystander, accusing one then present of the commission of a criminal act, which declaration the accused person heard but failed to deny or^explain, may tend to establish his guilt, and…

2Cases cited6 opinions

  1. Franklin v. StateSupreme Court of Georgia · 1882
  2. Watson v. StateSupreme Court of Georgia · 1911
  3. Thurman v. StateCourt of Appeals of Georgia · 1914
  4. Mance v. StateCourt of Appeals of Georgia · 1908
  5. Moye v. StateSupreme Court of Georgia · 1881

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

3Cited by5 opinions

  1. Buntin v. StateCourt of Appeals of Georgia · 1968
  2. State v. TaylorNew Jersey Superior Court Appellate Division · 1974
  3. Windham v. HarmonCourt of Appeals of Georgia · 1935
  4. Bird v. StateCourt of Appeals of Georgia · 1943
  5. Buntin v. StateCourt of Appeals of Georgia · 1968

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