Pierce v. State
Supreme Court of Georgia
Criminal law. Witness. Evidence. Charge of Court. Drunkenness. Before Judge McCutchen. Bartow Superior Court. September Adjourned Term, 1873. James L. Pierce was indicted for the offense of using obscene and vulgar language in the presence of Lucinthia E. Jones, a female, on March 31st, 1871. He pleaded not guilty. There was no question made by the evidence except as to the fact of the use of the language charged.
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Criminal law. Witness. Evidence. Charge of Court. Drunkenness. Before Judge McCutchen. Bartow Superior Court. September Adjourned Term, 1873. James L. Pierce was indicted for the offense of using obscene and vulgar language in the presence of Lucinthia E. Jones, a female, on March 31st, 1871. He pleaded not guilty. There was no question made by the evidence except as to the fact of the use of the language charged. The jury found the defendant guilty, but recommended him to the mercy of the court. The errors complained of will sufficiently appear from the motion for a new trial, together with…
1Opinion of the Court
Trippe, Judge.
The grounds taken in the motion for a new trial are considered in the inverse order from what they appear in the motion.
1. In the case of Morris Fishel vs. Lockard & Ireland, 52 Georgia Reports, 632, the judge of the superior court, on the trial thereof, charged the jury, that “if a witness swears willfully and knowingly false, even to a collateral fact, his testimony ought to be rejected entirely, unless it be so corroborated by circumstances or other .unimpeached evidence, as to be irresistible.” Upon a review of that charge it was held to be error, and that although the…
2Cited by23 opinions
- Williams v. StateSupreme Court of Georgia · 1882
- Holcombe v. StateCourt of Appeals of Georgia · 1908
- Roberts v. StateSupreme Court of Georgia · 1905
- Moya v. PeopleSupreme Court of Colorado · 1930
- Durham v. StateSupreme Court of Georgia · 1928
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