Legal Opinion

Beach v. State

Supreme Court of Georgia

Decided June 12, 1912PublishedCited by 34 opinions

Indictment for murder. Before Judge Charlton. Chatham superior court. April 10, 1912.

1Opinion of the CourtFish, C. J.

1. While a witness may be discredited by proper proof that he has been convicted of a crime involving moral turpitude (Powell v. State, 122 Ga. 571 (50 S. E. 369)), it is not competent to discredit him by showing that he has been simply indicted for such an offense (Slappey v. Sumner, 136 Ga. 692 (71 S. E. 1075)), and a mere arrest being a less formal and solemn charge, proof of it is so much the more inadmissible for such purpose. 7 Enc. Ev. 308, and cases cited in note 24.(a) Accordingly, on a trial for murder it was error to permit a witness for the accused to testify on cross-examination,…

2Cases cited4 opinions

  1. Robison v. StateSupreme Court of Georgia · 1901
  2. Powell v. StateSupreme Court of Georgia · 1905
  3. Nathan v. StateSupreme Court of Georgia · 1908
  4. Slappey v. SumnerSupreme Court of Georgia · 1911

3Cited by34 opinions

  1. Bryant v. StateSupreme Court of Georgia · 1941
  2. Green v. StateSupreme Court of Georgia · 1978
  3. Wilson v. StateSupreme Court of Georgia · 1975
  4. Bryant v. StateSupreme Court of Georgia · 1944
  5. Howard v. StateSupreme Court of Georgia · 1915

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