Bell v. State
Supreme Court of Georgia
Indictment for rape. Before Judge Eish. Webster superior court. April term, 1896. Bell was indicted for rape of his daughter Minnie. He was found guilty" and recommended to mercy. His motion for new trial was overruled, and he excepted.
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Indictment for rape. Before Judge Eish. Webster superior court. April term, 1896. Bell was indicted for rape of his daughter Minnie. He was found guilty" and recommended to mercy. His motion for new trial was overruled, and he excepted. The motion ivas upon the following among other grounds: The court erred in charging: “There are several ways of impeaching witnesses; one is by disproving the facts to which the witness testified, proving them to be otherwise than the witness swore they were; another is by contradictory statements previously made, which are relevant to the case and relevant to…
1Opinion of the CourtAtkinson, J.
1. A witness impeached by disproving the facts testified to by 'him, cannot be sustained by proof of general good character. Conseguently, where evidence was introduced tending to impeach a witness in this manner, and also other evidence tending to impeach'him by proof of contradictory statements previously made and by showing his general bad character, it was erroneous to charge generally that “when it is sought to impeach a witness by either of these modes, the *79credibility of the witness may be restored by proof of general good character.” Tbe effect of such a charge would be to allow proof…
2Cases cited2 opinions
- Miller v. Western & Atlantic RailroadSupreme Court of Georgia · 1893
- McEwen v. SpringfieldSupreme Court of Georgia · 1879
3Cited by16 opinions
- Anderson v. Southern Railway Co.Supreme Court of Georgia · 1899
- Smaha v. GeorgeSupreme Court of Georgia · 1943
- Surles v. StateSupreme Court of Georgia · 1918
- Harper v. StateCourt of Appeals of Georgia · 1916
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
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