Legal Opinion

Brazell v. State

Court of Appeals of Georgia

Decided October 22, 1976No. 52965PublishedCited by 5 opinions

1Opinion of the Court

Deen, Presiding Judge.

This appeal from a conviction for cattle theft is on the sole ground that the court allowed a purported confession to be considered by the jury without first making an affirmative ruling on its voluntariness, and without setting forth specific findings of fact and conclusions of law. "The trial judge need not make formal findings of fact or write an opinion, but it must clearly appear from the record that he made a primary finding of voluntariness before the confession was introduced. Hilliard v. State, 128 Ga. App. 157, 158 (195 SE2d 772); Sims v. Georgia, 385 U. S. 538…

2Cases cited2 opinions

  1. Sims v. GeorgiaSupreme Court of the United States · 1967
  2. Hilliard v. StateCourt of Appeals of Georgia · 1973

3Cited by5 opinions

  1. Megar v. StateCourt of Appeals of Georgia · 1978
  2. Toole v. StateCourt of Appeals of Georgia · 1978
  3. Whiddon v. StateCourt of Appeals of Georgia · 1982
  4. Carver v. StateCourt of Appeals of Georgia · 1977
  5. Megar v. StateCourt of Appeals of Georgia · 1978

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