Legal Opinion

Benjamin v. State

Supreme Court of Georgia

Decided March 10, 1920No. 1532PublishedCited by 16 opinions

Indictment for murder. Before Judge I-Iighsmitli. Camden superior court. June 6, 1919.

1Opinion of the CourtHill, J.

1. Even if the statements attributed to the defendant were of such character as to amount to a confession, the failure of the court to charge the law of confessions, in the absence of an appropriate and timely request, is not cause for the grant of a new trial. Patterson v. State, 124 Ga. 408 (2) (52 S. E. 534) ; Roberson v. State, 135 Ga. 654 (70 S. E. 175).

2. Under the evidence neither voluntary manslaughter nor justifiable homicide is involved in this case; and consequently a failure to charge the law on those subjects was not error.

3. Even if statements alleged to have been made by the…

2Cases cited4 opinions

  1. Perdue v. StateSupreme Court of Georgia · 1910
  2. Patterson v. StateSupreme Court of Georgia · 1905
  3. Roberson v. StateSupreme Court of Georgia · 1911
  4. Dean v. StateSupreme Court of Georgia · 1913

3Cited by16 opinions

  1. Harris v. StateSupreme Court of Georgia · 1921
  2. Cone v. StateSupreme Court of Georgia · 1942
  3. McKibben v. StateCourt of Appeals of Georgia · 1953
  4. Coggeshall v. StateSupreme Court of Georgia · 1925
  5. Smith v. StateSupreme Court of Georgia · 1948

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