Legal Opinion

Benton v. State

Court of Appeals of Georgia

Decided January 27, 1908No. 898PublishedCited by 6 opinions

Accusation of carrying concealed weapon, from- city court of Monticello — Judge Thurman. November 25, 1907.

1Opinion of the CourtBussell, J.

1. The defendant was convicted of carrying a pistol concealed. The assignments of error all relate to errors *454alleged to have been committed by the presiding judge in charging upon the subject of positive and negative testimony! Grouping all the grounds of the motion for new trial, except the last, the complaint therein set forth may be stated to be that the judge erred in failing to instruct the jury, in connection with §985 of the Penal Code, that the jury, in balancing the testimony of witnesses who may have testified negatively with those who may have-testified positively, must consider…

2Cases cited1 opinion

  1. Wood v. StateCourt of Appeals of Georgia · 1907

3Cited by6 opinions

  1. Moore v. StateCourt of Appeals of Georgia · 1938
  2. Atlanta & West Point Railroad v. TwedellCourt of Appeals of Georgia · 1944
  3. Great American Indemnity Co. v. OxfordCourt of Appeals of Georgia · 1943
  4. Payne v. WellsCourt of Appeals of Georgia · 1921
  5. Green v. StateCourt of Appeals of Georgia · 1920

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