Garrett v. State
Court of Appeals of Georgia
Indictment for bastardy; from Paulding superior court—Judge Bartlett. April 14, 1917. Paragraph 3 of'the decision relates to the following instruction: “When a witness is impeached by general bad character, it is for you to determine what weight shall be given the attacking evidence, —that is, the evidence that attacks, as well as the attacked evidence. It is for you to determine.
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Indictment for bastardy; from Paulding superior court—Judge Bartlett. April 14, 1917. Paragraph 3 of'the decision relates to the following instruction: “When a witness is impeached by general bad character, it is for you to determine what weight shall be given the attacking evidence, —that is, the evidence that attacks, as well as the attacked evidence. It is for you to determine. So take the case and look at it, and consider what witnesses, if any, have testified as to bad character, and as to whether or not the attempt to impeach has been successful, and what credit, as before stated,…
1Opinion of the Court
• Wade, C. J.
1. The evidence for the State was direct and.positive and authorized the verdict. ' The character of the witnesses and the comparative value of their testimony were matters to be determined by the jury, and can not be considered by this court.
2. The 1st ground of the amendment to the motion for a new trial complains that the court declined to allow a witness for the defendant “to answer the following question propounded by counsel for defendant: ‘Where is Gus Backers now?’ For the reason that said evidence was admissible to show that Gus Backers had run away, which was a…
2Cases cited14 opinions
- Seaboard Air-Line Railway v. BarrowCourt of Appeals of Georgia · 1916
- Rice v. City of EatontonCourt of Appeals of Georgia · 1914
- Rudulph v. StateCourt of Appeals of Georgia · 1915
- Morgan v. StateCourt of Appeals of Georgia · 1915
- Belcher v. . CobbSupreme Court of North Carolina · 1915
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Western & Atlantic Railroad v. FowlerCourt of Appeals of Georgia · 1948
- Travis v. StateCourt of Appeals of Georgia · 1970