Fitzgerald v. State
Supreme Court of Georgia
Indictment, in Bibb Superior Court. Tried before Judge Powers. June Term, 1852. This was an indictment for unlawfully carrying a deadly weapon.
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Indictment, in Bibb Superior Court. Tried before Judge Powers. June Term, 1852. This was an indictment for unlawfully carrying a deadly weapon. The sole witness on behalf of the State, was the prosecutor, who testified that defendant came to his house, and entered into a quarrel with him; that during (he quarrel, he charged defendant with having a pistol in his breeches pocket; defendant denied it; withdrew his hand from his pocket, and slapping the outside of his pocket, said he had money there; when defendant drew his hand out of his pocket, prosecutor saw the muzzle of a pistol concealed…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1 ] The first ground of error taken in the record is,' that the Court stated, in the presence'and hearing of the Jury, duringthe progress of the trial, that the testimony of Wright, elicited by the cross-examination, “ did not amount to anything, any how.” This expression of opinion, by the Court, as to the effect of the testimony, is entirely irregular and improper, especially in view of the provisions of the Act of 1850. The testimony is either competent, or it is not. If incompetent, it is the duty of the Court to repel it; if competent, the…
2Cited by3 opinions
- Tanner v. StateSupreme Court of Georgia · 1926
- Elder v. CozartSupreme Court of Georgia · 1877
- Wilson v. StateCourt of Appeals of Texas · 1885