Chandler v. State
Supreme Court of Georgia
Conviction of shooting at another. Before Judge Hammond. McDuffie superior court. November 25, 1905. The charge referred to in the third headnoté is that complained of in the following ground of the motion for a new trial: “Because the court erred in sending for the jury after they had retired, and recharging them that it was their duty to agree and not to disagree, after they had informed the court that their failure to agree was not a question of law, but of fact.”
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Conviction of shooting at another. Before Judge Hammond. McDuffie superior court. November 25, 1905. The charge referred to in the third headnoté is that complained of in the following ground of the motion for a new trial: “Because the court erred in sending for the jury after they had retired, and recharging them that it was their duty to agree and not to disagree, after they had informed the court that their failure to agree was not a question of law, but of fact.” It appears, that after the jury had been out for some time, they were sent for by the court, and the following -occurred: The…
1Opinion of the Court
Beck, J..1. Though the fear of being convicted of an offense against the penal laws of the State will not excuse a witness for swearing falsely, yet where upon a succeeding trial he admits the falsehood of the testimony formerly given and deposes to the contrary of that testimony, attributing his perjury -to the fear above set out, it may. afford a moral explanation sufficient to account to the jury for the false testimony; and where the explanation is satisfactory to the jury, the witness may be believed with or without corroborating circumstances or supporting evidence. See McCoy v. State,…
2Cases cited3 opinions
- Burns v. StateSupreme Court of Georgia · 1892
- Huff v. StateSupreme Court of Georgia · 1898
- McCoy v. StateSupreme Court of Georgia · 1887
3Cited by12 opinions
- Golatt v. StateSupreme Court of Georgia · 1908
- Perryman v. StateCourt of Appeals of Georgia · 1940
- Gambo v. Dugas & SonSupreme Court of Georgia · 1916
- Reed v. StateSupreme Court of Georgia · 1926
- Arkansas Fuel Oil Co. v. Andrews Point Co.Court of Appeals of Georgia · 1941
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