Gaither v. State

Otha Gaither was convicted of assault with intent to murder. His motion for new trial was overruled, and he excepted.

Special ground 1 complains that the judge erred in charging the jury as follows: “If you find that a witness has been successfully impeached, you should disregard his testimony entirely, unless it is corroborated by other unimpeached testimony.” The movant contends that this charge was error, because it told the jury that “said evidence is not true, but is true if corroborated by other unimpeached testimony;” that the court should have told the jury that they “'may” disregard…