Legal Opinion

Allen v. State

Court of Appeals of Georgia

Decided April 27, 1944No. 30386PublishedCited by 7 opinions

1Opinion of the CourtMacIntyre, J.

1. “A party voluntarily introducing a witness can not impeach him, except where the party ‘ can show to the court that he has been entrapped by the witness by a previous contradictory statement’ [Code, § 38-1801]; and he can not impeach the witness by proof of such a statement even where he claims to have been surprised and entrapped, unless the statement was made directly to himself or his attorney (Carter v. State, 17 Ga. App. 244, 86 S. E. 413; Luke v. Cannon, 4 Ga. App. 538, 62 S. E. 110), or was made to some third person with instruction to communicate it or for the purpose of being…

2Cases cited5 opinions

  1. Luke v. CannonCourt of Appeals of Georgia · 1908
  2. Jeens v. Wrightsville & Tennille RailroadSupreme Court of Georgia · 1915
  3. Burns v. StateCourt of Appeals of Georgia · 1917
  4. Carter v. StateCourt of Appeals of Georgia · 1915
  5. Riggins v. StateCourt of Appeals of Georgia · 1942

3Cited by7 opinions

  1. State v. PopeSupreme Court of North Carolina · 1975
  2. Van Gundy v. WilsonCourt of Appeals of Georgia · 1951
  3. Morgan v. StateCourt of Appeals of Georgia · 1975
  4. Smith v. StateCourt of Appeals of Georgia · 1947
  5. Anderson v. StateCourt of Appeals of Georgia · 1961

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