Legal Opinion

Sellers v. State

Court of Appeals of Georgia

Decided May 6, 1913No. 4786Published

Indictment for forgery; from Appling superior court—Judge ■Conyers. February 8, 1913.

1Opinion of the CourtHill, C. J.

1. On the trial of a criminal case, where the existence and contents of a writing are material and the writing is shown to be in the possession of the accused, parol evidence of the contents of the writing is admissible on the theory that the writing is inaccessible because the accused can not be compelled to give testimony against himself by being required by the court to produce it. Kinsey v. State, 12 Ga. App. 422 (77 S. E. 369); Farmer v. State, 100 Ga. 41 (28 S. E. 94).

2. The first count of the indictment charged the accused with forgery, the specific act of forgery being that he wrote…

2Cases cited3 opinions

  1. Farmer v. StateSupreme Court of Georgia · 1896
  2. Wilson v. Charleston & Savannah Ry.Supreme Court of South Carolina · 1897
  3. Kinsey v. StateCourt of Appeals of Georgia · 1913

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