Green v. State
Court of Appeals of Georgia
Conviction of embezzlement; from Campbell superior court — Judge Hutcheson. July 24, 1920. The instructions as to positive and negative testimony, to which the ruling in paragraph 2 of the decision refers, consisted of the provisions of section 5751 of the Civil Code (1910), with an added instruction as to credibility.
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Conviction of embezzlement; from Campbell superior court — Judge Hutcheson. July 24, 1920. The instructions as to positive and negative testimony, to which the ruling in paragraph 2 of the decision refers, consisted of the provisions of section 5751 of the Civil Code (1910), with an added instruction as to credibility. This part of the charge was as follows: “The existence of a fact testified to by one positive witness is rather to be believed than that such fact did not exist because many witnesses who had the same opportunity of observation swear that they did not see or know of its having…
1Opinion of the CourtBroyles, C. J.
1. The charge upon the subject of confessions was authorized by the evidence and was not error for any reason assigned.
2. The charge upon the subject of positive and negative testimony was authorized by the evidence and was not erroneous for any reason assigned.
3. None of the other excerpts from the charge, complained of, when considered in the light of the entire charge and the facts of the case, shows reversible or material error.
4. The special ground of the motion for a new trial, complaining that a witness was permitted to testify that he had been appointed receiver of the defendant’s…
Also in this document: Concurrence.
2Cases cited7 opinions
- Humphries v. StateSupreme Court of Georgia · 1897
- Butner v. BoifeuilletSupreme Court of Georgia · 1897
- McAllister v. StateSupreme Court of Georgia · 1905
- Wood v. StateCourt of Appeals of Georgia · 1907
- Kimbrough v. StateSupreme Court of Georgia · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Camp v. StateCourt of Appeals of Georgia · 1924