Waller v. State
Court of Appeals of Georgia
Conviction of stabbing; from city court of Macon—Judge Guerry. July 19, 1919. The instructions complained of were as follows: “Where several witnesses who are equally credible testify on the question as to whether an alleged thing happened at a certain time and place or not, and one of them testifies positively that such thing did happen, and the other witnesses had the same opportunity of observation and testify that they did not see or know that it happened, the testimony…
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Conviction of stabbing; from city court of Macon—Judge Guerry. July 19, 1919. The instructions complained of were as follows: “Where several witnesses who are equally credible testify on the question as to whether an alleged thing happened at a certain time and place or not, and one of them testifies positively that such thing did happen, and the other witnesses had the same opportunity of observation and testify that they did not see or know that it happened, the testimony of the one positive witness should have greater weight than the testimony of such negative witnesses. If the one…
1Opinion of the CourtBloodworth, J.
1. The court did not err in charging the jury as complained of in the amendment to the motion for new trial.
2. There is ample evidence to support the verdict, and the judgment is
Affirmed.
Broyles, G. J., and Luke, J., eonev,r. H, F. Rawls, for plaintiff in error. Will Gunn, solicitor, contra.
2Cited by2 opinions
- Moore v. StateCourt of Appeals of Georgia · 1938
- Atlantic Coast Line Railroad v. HodgesCourt of Appeals of Georgia · 1954