Legal Opinion

Sims v. State

Supreme Court of Georgia

Decided February 15, 1882PublishedCited by 2 opinions

Criminal Law. Evidence. Practice in Supreme Court. Before Judge.Harris. Coweta Superior Court. Sep- • tember Term, 1881. Isham Sims was indicted for simple larceny, and on the trial was convicted. He moved for a new trial, on the following among other grounds : (x.) Because the verdict was contrary to the law and the evidence.

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Criminal Law. Evidence. Practice in Supreme Court. Before Judge.Harris. Coweta Superior Court. Sep- • tember Term, 1881. Isham Sims was indicted for simple larceny, and on the trial was convicted. He moved for a new trial, on the following among other grounds : (x.) Because the verdict was contrary to the law and the evidence. (2.) Because the court erred in permitting one Pinson, a witness for the state, called to impeach a witness for the defence, to give his statement as to what the character of said witness had been in the community in which he lived. Witness said he knew what public…

1Opinion of the Court

Jackson, Chief Justice.

1. The defendant was tried and convicted of simple larceny. The theft charged is cattle stealing. If the witnesses for the state were believed by the jury the evidence is sufficient to support the verdict. Their credibility is for the jury. There was no error, therefore, in overruling the motion for a new trial on the ground that the verdict is contrary to the evidence and without evidence to support it.

2. Nor do we see that the court erred in admitting the impeaching testimony of the witness, Pinson. In the motion for a new trial, the objection is to his testimony as…

2Cited by2 opinions

  1. Sims v. SimsSupreme Court of Georgia · 1908
  2. Watkins v. StateSupreme Court of Georgia · 1889

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