McDaniel v. State
Supreme Court of Georgia
Criminal law.' Witness. Evidence. Before Judge Strozer. Dougherty Superior Court. April Term, 1874. Jack McDaniel was placed on trial for the oflense of malicious mischief, alleged to have been committed on November 13th, 1873, in burning a stack of fodder, the property of S. H. Wilson. The defendant pleaded not guilty. The evidence for the state was purely circumstantial.
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Criminal law.' Witness. Evidence. Before Judge Strozer. Dougherty Superior Court. April Term, 1874. Jack McDaniel was placed on trial for the oflense of malicious mischief, alleged to have been committed on November 13th, 1873, in burning a stack of fodder, the property of S. H. Wilson. The defendant pleaded not guilty. The evidence for the state was purely circumstantial. It showed that there had been “some unpleasantness” between the defendant and Wilson; that the tracks leading from the fodder stack went to the defendant’s house; that they resembled those usually made by him in measurement…
1Opinion of the Court
McCay, Judge.
1. The Code, section 3869, declares that a party shall not be permitted to discredit his own witness,unless he first shows to the court that he has been entrapped by previous contradictory statements made by the witness. It is not sufficient that he shall have made contradictory statements; such statements must have deceived, and letl the party complaining to introduce him, and thus, unwittingly, to have been damaged by statements different from what he expected. Under such circumstances, the law permits a party to violate that salutary rule which assumes that one who brings a…
2Cited by16 opinions
- Patton v. StateSupreme Court of Georgia · 1903
- Wilson v. StateSupreme Court of Georgia · 1975
- Eddington v. StateSupreme Court of Arkansas · 1956
- Dixon v. StateSupreme Court of Georgia · 1891
- Campbell v. CampbellSupreme Court of Georgia · 1881
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