Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1873, § 3794, former Code 1882, § 3794, former Penal Code 1910, § 1033, former Code 1933, § 38-412, and former O.C.G.A. § 24-3-51 are included in the annotations for this Code section.

Reason for rule.

- Keeping in view the true reason upon which confession evidence is excluded, and the test by which the courts have sought to determine whether or not the truthfulness of the confession is sufficiently evidenced to admit the evidence thereof to the jury, it is clear that a confession should not be excluded because made under spiritual exhortation, or promise of secrecy, or promise of collateral benefit, since these means, or none of them, have the slightest tendency in a proper sense to induce one to confess falsely. Wilson v. State, 19 Ga. App. 759, 92 S.E. 309 (1917) (decided under former Penal Code 1910, § 1033).

Confessions otherwise admissible are not rendered inadmissible because the accused was told by another in substance that it was always best to tell the truth. Turner v. State, 203 Ga. 770, 48 S.E.2d 522 (1948) (decided under former Code 1933, § 38-412); Tyler v. State, 247 Ga. 119, 274 S.E.2d 549; 454 U.S. 882, 102 S. Ct. 364, 70 L. Ed. 2d 191 (1981), cert. denied,(decided under former Code 1933, § 38-412).

Prayers overheard.

- Testimony that the defendant while alone in defendant's cell was overheard to say, "Lord, have mercy upon me for what I have done; the only thing I regret is killing my father," was not incompetent because the witness was the jailer in charge of the defendant, the law not disqualifying a jailer from testifying as to voluntary acts and confessions of prisoners under the jailer's charge. Testimony as to prayers in which the defendant declared defendant's innocence of the crime, although offered in reply to the above, was properly rejected, the rule being to admit inculpatory declarations or confessions, and to exclude those which are exculpatory, when disconnected therewith. Woolfolk v. State, 85 Ga. 69, 11 S.E. 814 (1890) (decided under former Code 1882, § 3794).

Spiritual exhortations.

- Confession made by the defendant to a fellow-prisoner, who was in jail for stealing, and grossly irreligious, as appears from defendant's own evidence, but who read the Bible and sang Psalms to the defendant, and told the defendant that if the defendant were guilty the defendant had better confess and seek the defendant's God, was admissible. Stafford v. State, 55 Ga. 591 (1876) (decided under former Code 1873, § 3794).

Fact that the statements made by the defendant were in response to an appeal made by defendant's sister, in which she alluded to the death of defendant's brother and incarceration of defendant's mother as results of the crime, would not render the statements inadmissible. The appeal was not stronger than "spiritual exhortations," which the Code declares shall not exclude a confession. White v. State, 177 Ga. 115, 169 S.E. 499 (1933) (decided under former Penal Code 1910, § 1033).

Promise to help keep defendant out of certain prison.

- Confession is not rendered inadmissible by an assurance that whatever help could be given would be given in keeping the defendant out of a certain prison, since this is similar to a promise to inform the court of a defendant's cooperation. Patrick v. State, 169 Ga. App. 302, 312 S.E.2d 385 (1983), aff'd, 252 Ga. 509, 314 S.E.2d 909 (1984) (decided under former O.C.G.A. § 24-3-51).

Investigator offered collateral benefit by talking to DA office.

- An investigator's statement that the investigator would talk to the district attorney's office at a later time about having a warrant against the defendant dismissed was no more than a promise of a collateral benefit and thus did not make the defendant's custodial statement inadmissible under former O.C.G.A. §§ 24-3-50 and24-3-51 (see now O.C.G.A. §§ 24-8-824 and24-8-825). Boone v. State, 293 Ga. App. 654, 667 S.E.2d 880 (2008) (decided under former O.C.G.A. § 24-3-51).

Promises to obtain psychiatric help and medical attention for defendant were not the kind of "hope of benefit" which would invalidate defendant's subsequent confession. Head v. State, 180 Ga. App. 901, 350 S.E.2d 854 (1986) (decided under former O.C.G.A. § 24-3-51).

Promise to secure counseling.

- With regard to an alleged promise by a detective to help secure counseling for the defendant when the defendant got to prison, the benefit involved was no hope of lighter punishment (induced by a person other than the defendant) but was a collateral benefit which did not render defendant's confession inadmissible. Hall v. State, 180 Ga. App. 366, 349 S.E.2d 255 (1986) (decided under former O.C.G.A. § 24-3-51).

Trial court did not err in admitting the defendant's pre-arrest statements because the offer to obtain counseling for the defendant did not bear on the question of punishment but involved a collateral benefit, and promises of a collateral benefit did not impact a statement's admissibility; the defendant offered no evidence that the officers induced the defendant to believe the defendant would receive a three year sentence, but the defendant came up with that scenario on the defendant's own, and the trial court, therefore, properly found the defendant's statements were voluntary and admissible. Dunson v. State, 309 Ga. App. 484, 711 S.E.2d 53 (2011), cert. dismissed, No. S15C1215, 2015 Ga. LEXIS 580 (Ga. 2015) (decided under former O.C.G.A. § 24-3-51).

Promise to end adverse publicity.

- When an inculpatory statement was made by the fire department lieutenant in return for the investigator's alleged promise to "stop all the publicity against the fire and police department and not arrest and persecute anyone else," the promise pertained to collateral benefits and the trial court did not err in ruling the statement to be voluntary and admissible. Johnson v. State, 170 Ga. App. 71, 316 S.E.2d 160 (1984) (decided under former O.C.G.A. § 24-3-51).

Promise to get help for drug problem.

- Officer's promise to help the defendant with a drug problem was a collateral benefit and did not bear on the question of punishment; hence, the trial court did not clearly err in admitting the defendant's statement in evidence as such did not amount to a promise of leniency in exchange for the statement. Smith v. State, 281 Ga. App. 91, 635 S.E.2d 385 (2006) (decided under former O.C.G.A. § 24-3-51).

Reduction in bond.

- Reduction of bond is in the same class of collateral benefits as the promises of a solitary cell, a psychiatric examination, and communication to the judge of the defendant's cooperation. Heard v. State, 165 Ga. App. 252, 300 S.E.2d 213 (1983) (decided under former O.C.G.A. § 24-3-51); Pounds v. State, 189 Ga. App. 809, 377 S.E.2d 722 (1989);(decided under former O.C.G.A. § 24-3-51).

Long relationship as confidential informant.

- Statements of an inculpatory nature made while in custody were not inadmissible under former O.C.G.A. § 24-3-51 on the theory that defendant worked with law enforcement officers as a confidential informant for many years and that it was understood that the defendant would be "taken care of" and the sheriff admitted that in the sheriff's own mind the sheriff felt the sheriff owed defendant something, since there were no overt promises made and the understanding was subjective in nature. Tyson v. State, 165 Ga. App. 22, 299 S.E.2d 69 (1983) (decided under former O.C.G.A. § 24-3-51).

Waiver.

- Because defendant requested the future assistance of an attorney, not immediate assistance, and because defendant knew that defendant's confession would be handed over to law enforcement, the clergy-parishioner privilege in former O.C.G.A. §§ 24-3-51 and24-9-22 (see now O.C.G.A. §§ 24-8-825 and24-5-502) was inapplicable; therefore, defendant's confession to the crimes was voluntary. Willis v. State, 287 Ga. 703, 699 S.E.2d 1 (2010) (decided under former O.C.G.A. § 24-3-51).

Am. Jur. 2d.

- 29A Am. Jur. 2d, Evidence, §§ 740, 741, 745.

ALR.

- Voluntariness of confession admitted by court as question for jury, 85 A.L.R. 870; 170 A.L.R. 567.

Suppression before indictment or trial of confession unlawfully obtained, 1 A.L.R.2d 1012.

Voluntariness and admissibility of minor's confession, 87 A.L.R.2d 624.

Admissibility of confession as affected by its inducement through artifice, deception, trickery, or fraud, 99 A.L.R.2d 772.

Voluntariness of confession as affected by police statements that suspect's relatives will benefit by the confession, 51 A.L.R.4th 495.

Voluntary nature of confession as affected by appeal to religious beliefs, 20 A.L.R.6th 479.