Logue v. State
Logue v. State
Opinion of the Court
Counsel for the accused contend that when tested by the rule in Shedd v. State, 178 Ga. 653 (173 S. E. 847), the evidence here does not authorize the verdict. The decision relied upon clearly holds that, in order to convict one charged with the murder of a newly born infant, the evidence must show that the child was born alive and had acquired an independent circulation and existence separate from its mother. The evidence here must meet that standard if the judgment excepted to is affirmed. If it be conceded that the confession here is sufficiently corroborated, there can be no doubt that the evidence authorized the verdict of guilty. It is not contended by counsel that the evidence of the prosecution fails to corroborate the confession. Indeed, there is corroboration in many respects. But it is insisted that the decision in Bines v. State, 118 Ga. 320 (45 S. E. 376, 68 L. R. A. 33), is authority for the proposition that the corpus delicti must be established beyond a reasonable doubt by evidence other than the confession. It was held in that decision that the corpus delicti could not be proved “by the mere extrajudicial confession of the accused. There must be aliunde proof of the corpus delicti.” We do not understand that the decision relied upon held or intended to imply that the corroboration necessary to authorize a conviction upon,a confession, referred to in the Code, § 38-420, means corroboration in some specified or particular portion of the confession; and that corroboration of that portion of the confession showing the corpus delicti would be insufficient to satisfy the requirements of the statute. The case there under consideration involved arson, and as pointed out in the opinion, on authority of Phillips v. State, 29 Ga. 105, and Murray v. State, 43 Ga. 256, “The law presumes the fire to have been accidental;” and, hence, the mere fact that the barn burned did not show or intimate that it was felonious. We think that the meaning of the statute in reference to corroboration was properly stated by this court in Holsenbake v. State, 45 Ga. 43, 56 (5). In the opinion, it is said: “If one confesses that he had committed a crime, that is not sufficient
Judgment affirmed.
Dissenting Opinion
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
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, 63 Ga. 339; Paul v. State, 65 Ga. 152; Williams v. State, 69 Ga. 11 (26); Westbrook v. State, 91 Ga. 11 (2) (16 S. E. 100); Schaefer v. State, 93 Ga. 177 (18 S. E. 552); Wimberly v. State, 105 Ga. 188 (31 S. E. 162); Owen v. State, 119 Ga. 304 (2) (46 S. E. 433). But it must be proved beyond a reasonable doubt. Lee v. State, 76 Ga. 498; Epps v. State, 149 Ga. 484 (100 S. E. 568); Wrisper v. State, 193 Ga. 157 (17 S. E. 2d, 714). One element of the corpus delicti is just as essential as the other. Warren v. State, 153 Ga. 354, 361 (112 S. E. 283). In the absence of extraneous evidence of all elements of the corpus delicti, the proof is insufficient to corroborate the confession. Langston v. State, 151 Ga. 388 (106 S. E. 903). If dependent on circumstantial evidence, it must be established to the exclusion of every other reasonable hypothesis. Warren v. State, supra. But in order for the corpus delicti to furnish sufficient corroboration of the confession, there should be aliunde evidence which establishes all the necessary elements of the corpus delicti. Aliunde proof means evidence from another source, from elsewhere. “A confession alone, however, being insufficient to convict, makes other evidence in corroboration necessary.” Smith v. State, 64 Ga. 605, 606. “As to the alleged confession, we think that cannot be relied upon to supply the want of evidence as to the corpus delicti.” Johnson v. State, 86 Ga. 90, 93 (13 S. E. 282). “Even two positive confessions of guilt, without independent proof of the corpus delicti, would not be sufficient to authorize a conviction.” Bines v. State, 118 Ga. 320, 327 (supra). “There must be aliunde proof of the corpus delicti.” Williams v. State, 125 Ga. 741 (54 S. E. 661). “The corpus de
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.
Reference
- Full Case Name
- LOGUE v. State
- Status
- Published