DocketNumber: 15028.
Citation Numbers: 32 S.E.2d 397, 198 Ga. 672
Judges: DUCKWORTH, Justice.
Filed Date: 11/21/1944
Status: Precedential
Modified Date: 5/5/2017
I cannot concur in the decision of the majority. The legal effect of the majority opinion is to hold that a conviction may be legal if there is a confession which is corroborated by aliunde evidence of some, but not all, of the elements constituting the corpus delicti. This ruling is not supported by any previous decision of this court, but on the other hand is contrary thereto. It is my opinion that a person cannot be convicted upon a confession where the sole corroboration is proof of the corpus delicti, unless all of the elements of the corpus delicti are established by aliunde evidence.
In the instant case, in order to establish the corpus delicti, it was essential for the State to show: (a) that the body was that of a human being, (b) that it was dead, and (c) that it was killed by *Page 677
the criminal agency of some other person. Without the confession, the State's evidence does not establish that the body was that of a human being which could be the victim of murder as defined by the Code, § 26-1002. Under the ruling in Shedd v. State,
The Code, § 38-420, provides: "A confession alone, uncorroborated by any other evidence, shall not justify a conviction." Proof of the corpus delicti is held to be sufficient corroboration. Daniel v. State,
If one essential element of the corpus delicti can be established by a confession, there would be no reason why all essential elements could not be so established; which line of reasoning would necessarily lead to the result that a person could be convicted on his uncorroborated confession by simply using the confession to corroborate the confession.
Williams v. State , 69 Ga. 11 ( 1882 )
Daniel v. State , 63 Ga. 339 ( 1879 )
Smith v. State , 64 Ga. 605 ( 1880 )
Johnson v. State , 86 Ga. 90 ( 1890 )
Westbrook v. State , 91 Ga. 11 ( 1892 )
Schaefer v. State , 93 Ga. 177 ( 1893 )
Bines v. State , 118 Ga. 320 ( 1903 )
Owen v. State , 119 Ga. 304 ( 1904 )
Wimberly v. State , 105 Ga. 188 ( 1898 )
Warren v. State , 153 Ga. 354 ( 1922 )
Epps v. State , 149 Ga. 484 ( 1919 )
Wrisper v. State , 193 Ga. 157 ( 1941 )
Clay v. State , 176 Ga. 403 ( 1933 )
Shedd v. State , 178 Ga. 653 ( 1934 )
Williams v. State , 125 Ga. 741 ( 1906 )
Paul v. State , 65 Ga. 152 ( 1880 )