Brown v. State
Supreme Court of Georgia
Criminal law. New trial. Practice in the Superior Court. Evidence. Before Judge Rice. Gwinnett Superior Court. September Term, 1877. Brown was placed on trial for the offense of shooting at Harrison Bradford. He pleaded not guilty. The evidence made out a very clear case of unprovoked shooting, the only palliating circumstance being that he was drunk.
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Criminal law. New trial. Practice in the Superior Court. Evidence. Before Judge Rice. Gwinnett Superior Court. September Term, 1877. Brown was placed on trial for the offense of shooting at Harrison Bradford. He pleaded not guilty. The evidence made out a very clear case of unprovoked shooting, the only palliating circumstance being that he was drunk. The jury found him guilty, and a motion for a new trial was made upon several grounds, the material ones of which were, in substance, as follows: 1st. Because of newly discovered evidence. This ground was based upon the affidavit of John C.…
1Opinion of the Court
Bleckley, Judge.
1. It would not do to let witnesses, by mere talk, destroy a verdict rendered on their testimony. Declarations made after the trial are entitled to much less regard than sworn *212testimony delivered at the trial. This difference in value must be recognized so long as there has been no conviction of perjury. Provision is made for setting aside verdicts resting on perjury, but there must first be a conviction. Code, §1167.
2. When counsel go out of the facts, and comment, or attempt to comment, on what is not before the jury, the court may interfere. When the prisoner’s statement is…
2Cases cited1 opinion
- Adams v. BassSupreme Court of Georgia · 1855
3Cited by14 opinions
- Clark v. StateSupreme Court of Georgia · 1903
- Cason v. StateCourt of Appeals of Georgia · 1914
- Logan v. StateCourt of Appeals of Georgia · 1994
- Lindsay v. PettigrewSouth Dakota Supreme Court · 1892
- Partee v. StateSupreme Court of Georgia · 1881
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