Legal Opinion

Smithwick v. Evans

Supreme Court of Georgia

Decided January 15, 1858PublishedCited by 6 opinions

Caveat to will, from Stewart Superior Court Tried before Judge Kiddoo, at April Term, 1857. 1st. The caveators having introduced and examined Frances Andrews as a witness, the propounders, by way of impeaching and discrediting her testimony, proposed to prove by B. K. Harrison, Esq., that she was a notorious prostitute. Counsel for caveators objected. The Court overruled the objection and admitted the evidence, and counsel for caveators excepted. 2d.

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Caveat to will, from Stewart Superior Court Tried before Judge Kiddoo, at April Term, 1857. 1st. The caveators having introduced and examined Frances Andrews as a witness, the propounders, by way of impeaching and discrediting her testimony, proposed to prove by B. K. Harrison, Esq., that she was a notorious prostitute. Counsel for caveators objected. The Court overruled the objection and admitted the evidence, and counsel for caveators excepted. 2d. Counsel for caveators proposed to ask E. H. Beall, Esq., one oí the witnesses to the will, and the attorney who drafted it, and who was of…

1Opinion of the CourtMcDonald, J.

By the Court. delivering the opinion.

[1.] The caveators introduced Frances Andrews as a witness, whose testimony was given. To impeach her credit, the propounders introduced a witness who testified that she was, by reputation, a notorious prostitute. The testimony of the latter witness was objected to, but the objection was over*463ruled. This decision of the Court is excepted to, and that exception constitutes a ground of error.

This Court has already decided that the mode of impeaching a witness for defect of character is to prove by witnesses who know his. or her general character, and that…

2Cases cited1 opinion

  1. Stokes v. StateSupreme Court of Georgia · 1855

3Cited by6 opinions

  1. Bank of Lumpkin v. Farmers State BankSupreme Court of Georgia · 1926
  2. Cross v. StateCourt of Appeals of Georgia · 1975
  3. Gordon v. GilmoreSupreme Court of Georgia · 1914
  4. Rudulph v. StateCourt of Appeals of Georgia · 1915
  5. Wallace v. KopenbrinkSupreme Court of Oklahoma · 1911

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