Sykes v. State
Sykes v. State
Opinion of the Court
1. The defendant was convicted of carrying concealed weapons. The only ground of the motion for a new trial other than the general grounds complains that the evidence of the witness for the State “was obtained by the unlawful and illegal arrest of the defendant by the witness, his person searched unlawfully and illegally, being forcibly and without' the consent and against the will of the defendant,” and that he was thereby compelled to furnish incriminating evidence against himself, in violation of the constitution: In Calhoun v. State, 144 Ga 679, it was held that, “On the trial of a criminal case, incriminatory evidence which was taken from the person of the accused by one who had illegally arrested him, and who discovered it by search of his person while he was under illegal arrest, if relevant, is not inadmissible as' contravening the constitutional provisions that No person' shall be compelled to give testimony tending in any manner to criminate hemself.’ ” Under that ruling the trial judge did not err in admitting the evidence complained of.
However, even if this were error, this court would be under no duty to consider the assignment of error in this ground of the
8. The evidence authorized the verdict, and no error of law having been committed, it must stand.
Judgment affirmed.
Reference
- Full Case Name
- SYKES v. State
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- Published