Conyers v. State
Supreme Court of Georgia
Criminal law. Evidence. Before Judge Harvey. Bar-tow Superior Court. March Term, 1873. Conyers was placed on trial, charged with the offense of allowing a minor to play billiards on a table controlled by bim, without the consent of his parent or guardian. He pleaded not guilty, but the jury found to the contrary.
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Criminal law. Evidence. Before Judge Harvey. Bar-tow Superior Court. March Term, 1873. Conyers was placed on trial, charged with the offense of allowing a minor to play billiards on a table controlled by bim, without the consent of his parent or guardian. He pleaded not guilty, but the jury found to the contrary. Whereupon he moved for a new trial, because the Court refused to charge the jury, “that the State must show, in addition to the act of playing by the minor, that the defendant did' not have the consent of the parent or guardian.” We say the Court below committed error in the trial of…
1Opinion of the Court
McCay, Judge.
Whilst it is certainly true, as a general rule, that the burden of proof is upon the party who holds the affirmative of a proposition, yet there are many instances in which a contrary rule obtains. Our Code, 1873, section 3758, declares that “if a negation or negative affirmation is essential to a party’s case, the proof of such negative lies upon the party affirming it.” The test is, does the negative form an essential ingredient in the thing sought to be established ? Hoes the mind fail to agree to the proposition insisted on, so long as the negation remains unproven? If so,…
2Cases cited1 opinion
- Haskill v. CommonwealthCourt of Appeals of Kentucky · 1843
3Cited by24 opinions
- Hyde v. ChappellSupreme Court of Georgia · 1942
- Kitchens v. StateSupreme Court of Georgia · 1903
- Williams v. StateCourt of Appeals of Georgia · 1972
- Blocker v. StateCourt of Appeals of Georgia · 1912
- Woods v. StateSupreme Court of Georgia · 1974
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