Legal Opinion

Whitten v. State

Supreme Court of Georgia

Decided July 15, 1872PublishedCited by 33 opinions

Criminal law. Credibility of witness. Degree of punishment. Before Judge Harrell. Eandolph Superior Court. May Term, 1872. James Whitten was placed upon trial for the offense of assault and battery, and pleaded not guilty.

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Criminal law. Credibility of witness. Degree of punishment. Before Judge Harrell. Eandolph Superior Court. May Term, 1872. James Whitten was placed upon trial for the offense of assault and battery, and pleaded not guilty. The following evidence was introduced: E. Gore, sworn: Witness is the prosecutor; on April 22d, 1872, defendant came to witness’ field, in Randolph county, where he was plowing, and notified him. to attend and work the road; defendant was a road overseer; he told defendant that “ he would send a hand in his place;” defendant replied that “ he would not receive him;” witness…

1Opinion of the Court

McCay, Judge.

There can be no good reason for saying this verdict is not supported by the evidence, other than the belief of the plaintiff in error, that the State’s witness1 was not worthy of credit. It would, in our judgment, be an infringement by the Court on the province of a jury, to undertake to say that they ought not to have believed the witness. The jury ai’e the judges of the credibility of the witnesses, in a special sense. They see them, they hear them. The eye, the tone, the manner, the expression of countenance, all speak, and bear testimony, pro and con, that cannot be got into…

2Cited by33 opinions

  1. Harmelin v. MichiganSupreme Court of the United States · 1991
  2. Fleming v. ZantSupreme Court of Georgia · 1989
  3. State v. HoustonUtah Supreme Court · 2015
  4. Sims v. BalkcomSupreme Court of Georgia · 1964
  5. State v. WoodwardWest Virginia Supreme Court · 1910

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