Legal Opinion

Slappey v. Sumner

Supreme Court of Georgia

Decided August 18, 1911PublishedCited by 4 opinions

Equitable petition. Before Judge Frank Park. Worth superior court. August Vt, 1910.

1Opinion of the CourtAtkinson, J.

1. After a witness lias testified on the trial of a case, an indictment, without more, previously found, charging him with embezzlement, is inadmissible in evidence for the purpose of impeaching him. See, in this connection, McCray v. State, 134 Ga. 416 (68 S. E. 62); Killian v. Georgia Railroad & Banking Company, 97 Ga. 727 (25 S. E. 384); Gardner v. State, 81 Ga. 144 (7 S. E. 144).(a) After admitting the indictment, it was error for the court to instruct the jury that it could be considered in passing upon the credibility of the witness.

2. Upon the trial of an action instituted against an…

2Cases cited3 opinions

  1. McCray v. StateSupreme Court of Georgia · 1910
  2. Killian v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1896
  3. Gardner v. StateSupreme Court of Georgia · 1888

3Cited by4 opinions

  1. Howard v. StateSupreme Court of Georgia · 1915
  2. Beach v. StateSupreme Court of Georgia · 1912
  3. McDermott v. LankenauSupreme Court of Georgia · 1930
  4. Inglehart v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1914

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