BLOUNT v. THE STATE., 213 Ga. 552, 100 S.E.2.d 172 (1957)

Supreme Court of Georgia

Status: ARGUED

Docket Number: 19845

Parts: DUCKWORTH, Chief Justice.

Linked as:

Summary

Judgments reversed. All the Justices concur, except Candler and Hawkins, JJ., who dissent.

Summary

Judgments reversed. All the Justices concur, except Candler and Hawkins, JJ., who dissent.

Text

George D. Lawrence, Solicitor-General, Eugene Cook, Attorney-General, Rubye G. Jackson, contra.Lewis & Rozier, Dickens & Dickens, for plaintiffs in error.

2. It is clearly shown by the evidence that the homicide was committed in the execution of a prearranged plan to rob, and this was murder. Code 26-1009; 26-2502, (as amended by Ga. L. 1957, p. 261); Simmons v. State, 206 Ga. 618 (1) (58 S. E. 2d 149); Dorsey v. State, 208 Ga. 78 (2) (65 S. E. 2d 158) where the majority opinion held that a written confession was erroneously allowed to go out with the jury. The opinion so ruling expressly placed it upon the ground that the veracity of the one making the statement was involved. There is no issue of veracity about the pictures they portray, not in words but solely by sight as to what they contain.

It might insure a fairer trial to exclude gruesome photographs of a slain person unless they serve a real purpose in proving the material elements of the case. Their introduction when they can serve no purpose but to show a terrible corpse is an excitement of passion against the accused, and the law should not allow a trial for life to be clouded with passion. But once introduced without objection, they are evidence, and the jury is entitled to the exclusive custody of all evidence. Davis v. State, 211 Ga. 335 (1) (85 S. E. 2d 753), Harris v. State, 207 Ga. 287 (61 S. E. 2d 135), and Pressley v. State, 211 Ga. 335 (85 S. E. 2d 753); Weatherby v. State, 213 Ga. 188 (2) (97 S. E. 2d 698).

1957