Legal Opinion

Carter v. State

Court of Appeals of Georgia

Decided September 25, 1915No. 6386PublishedCited by 8 opinions

Certiorari; from Fulton superior court — Judge Ellis. January 18, 1915.

1Opinion of the CourtBboyles, J.

Under the ruling of this court in Luke v. Cannon, 4 Ga. App. 538 (62 S. E. 110), a party voluntarily introducing a witness can not impeach him by proof of previous contradictory statements, even where he claims to have been surprised and entrapped by the witness, unless such statements were made directly to the party or his attorney. It follows, in a criminal case, that the State’s counsel can not impeach a witness for the State by proof of previous contradictory statements, even where he claims to have been surprised and entrapped by the witness, unless such statements were made directly to…

2Cases cited1 opinion

  1. Luke v. CannonCourt of Appeals of Georgia · 1908

3Cited by8 opinions

  1. Sparks v. StateSupreme Court of Georgia · 1952
  2. Burns v. StateCourt of Appeals of Georgia · 1917
  3. Allen v. StateCourt of Appeals of Georgia · 1944
  4. Riggins v. StateCourt of Appeals of Georgia · 1942
  5. Hause v. StateCourt of Appeals of Georgia · 1941

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