Peak v. State
Court of Appeals of Georgia
Accusation of carrying concealed weapon, from city court of Sparta — Judge Little. June 15, 1908.
1Opinion of the CourtRussell, J.
On the trial the judge charged the jury as follows : “I charge you, if you find there are two classes of witnesses, one class swearing that the fact existed, that they saw it, and another class swearing that they were present, but did not ■see it, that you are to believe the former testimony in preference to the latter, the positive testimony instead of the negative.” In the motion for a new trial, error is assigned upon this instruction; .and this is the only assignment of error insisted upon before this ■court. We think the instruction quoted was such an error as demanded a new trial. It is…
2Cases cited8 opinions
- Grant v. StateSupreme Court of Georgia · 1905
- McAllister v. StateSupreme Court of Georgia · 1905
- Wood v. StateCourt of Appeals of Georgia · 1907
- Kimbrough v. StateSupreme Court of Georgia · 1897
- Phillips v. StateCourt of Appeals of Georgia · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Harper v. StateCourt of Appeals of Georgia · 1914
- ATLANTIC COAST LINE RAILROAD COMPANY v. HeathCourt of Appeals of Georgia · 1964
- Great American Indemnity Co. v. OxfordCourt of Appeals of Georgia · 1943
- Wood v. StateCourt of Appeals of Georgia · 1911
- Green v. StateCourt of Appeals of Georgia · 1920
2 more not listed; retrieve them via the Exa API.