Phillips v. State
Court of Appeals of Georgia
Accusation of gaming, from city court of Jeffersonville — -Judge Shannon. March 14, 1907.
1Opinion of the CourtPowell, J.
1. The rule announced in the Penal Code, §985, declaring the distinction ordinarily existing between the weight to be given to positive testimony and that to be given to negative testimony, while ofttimes useful to the jury as tending to facilitate the reconciliation of apparent conflicts in the evidence, is so inaptly stated in the code section referred to that to instruct the jury in the language there given is ordinarily error. Warrick v. State, 125 Ga. 142; Minor v. State, 120 Ga. 490; Cowart v. State, 120 Ga. 510; So. Ry. Co. v. O’Bryan, 119 Ga. 148; and the same case, 115 Ga. 659; Innis…
2Cases cited8 opinions
- Warrick v. StateSupreme Court of Georgia · 1906
- Humphries v. StateSupreme Court of Georgia · 1897
- Southern Railway Co. v. O'BryanSupreme Court of Georgia · 1902
- Minor v. StateSupreme Court of Georgia · 1904
- Innis v. StateSupreme Court of Georgia · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moore v. StateCourt of Appeals of Georgia · 1938
- Central of Georgia Railway Co. v. SowellCourt of Appeals of Georgia · 1907
- Peak v. StateCourt of Appeals of Georgia · 1908
- Great American Indemnity Co. v. OxfordCourt of Appeals of Georgia · 1943
- Mill v. StateCourt of Appeals of Georgia · 1907
2 more not listed; retrieve them via the Exa API.