Borders v. City of Macon
Court of Appeals of Georgia
Petition for certiorari; from Bibb superior court — Judge Mathews. March 27, 1916. R. H. Borders was convicted in the recorder’s court of the city of Macon on the charge of having violated a municipal ordinance which made it unlawful to keep a “blind tiger,” or keep for sale intoxicating liquors in the city. The case came to this court on exceptions to the refusal of the judge of the superior court to sanction the issuance of a writ of certiorari.
1Opinion of the CourtHodges, J.
1. Testimony that certain premises occupied by the accused were rented from the witness was not inadmissible on the ground that the lease contract or rent notes would be the- highest and best evidence.
2. Permitting a witness to testify, “I have perhaps seen whisky served there to his customers, — I don’t remember when it was,” was not error. The fact that a witness does not testify positively goes to the probative strength of the testimony, and not to its competency.
3. A witness may testify to the fact that certain rent notes were paid, without producing record evidence of their payment.
4.…
2Cited by8 opinions
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- Bates v. StateCourt of Appeals of Georgia · 1916
- Sherman v. StephensCourt of Appeals of Georgia · 1923
- Harrison v. StateCourt of Appeals of Georgia · 1917
- Harrison v. StateCourt of Appeals of Georgia · 1969
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