Gates v. State
Court of Appeals of Georgia
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
- Franklin v. StateSupreme Court of Georgia · 1882
- Watson v. StateSupreme Court of Georgia · 1911
- Thurman v. StateCourt of Appeals of Georgia · 1914
- Mance v. StateCourt of Appeals of Georgia · 1908
- Moye v. StateSupreme Court of Georgia · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Buntin v. StateCourt of Appeals of Georgia · 1968
- State v. TaylorNew Jersey Superior Court Appellate Division · 1974
- Windham v. HarmonCourt of Appeals of Georgia · 1935
- Bird v. StateCourt of Appeals of Georgia · 1943
- Buntin v. StateCourt of Appeals of Georgia · 1968