State v. Harris , 256 Ga. 24 ( 1986 )

Marshall, Chief Justice,

dissenting.

The body of the victim, Warren Favors, was found in a well behind the house which the defendant Harris had shared with Favors prior to Favors’ disappearance. There was what appeared to be a shotgun wound in the chest of the body. In my opinion these facts constituted ample probable cause to arrest Harris and place him in jail without a warrant. I would therefore hold that the subsequent statements made by Harris were admissible against him in the trial for the murder of Favors.

I therefore respectfully dissent. I am authorized to state that Justice Weltner concurs in this dissent.

Decided May 28, 1986. Joseph H. Briley, District Attorney, Alberto C. Martinez, Jr., Assistant District Attorney, for appellant. Eugene P. Baldwin, for appellee.