Dickerson v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Ereeman. Meriwether superior court. June 30, 1904. The evidence for the State made a case of murder by shooting. Testimony for the accused tended to support the theory of self-defense. There was a verdict of guilty, with a recommendation to mercy; and the defendant excepted to tbe refusal of a new trial.
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Indictment for murder. Before Judge Ereeman. Meriwether superior court. June 30, 1904. The evidence for the State made a case of murder by shooting. Testimony for the accused tended to support the theory of self-defense. There was a verdict of guilty, with a recommendation to mercy; and the defendant excepted to tbe refusal of a new trial. The motion therefor, in addition to tbe general grounds, alleged that tbe court erred in charging the jury as follows: “ You determine tbe credibility of the witnesses, and in determining that question you may look to the number of witnesses who testified,…
1Opinion of the CourtCobb, J.
1. In determining where the preponderance of evidence lies in a civil case the jury are authorized to consider the number of witnesses, though the preponderance is not necessarily with the greater number. Civil Code, § 5146. It will thus be seen that the number of witnesses has slight bearing upon the •question of preponderance even in a civil case; and hence it follows that in a criminal case, where the issue is not to be determined by the preponderance of the evidence, but the guilt of the •accused must be made to appear beyond a reasonable doubt, the number of witnesses that may be called…
2Cited by6 opinions
- Avery v. StateSupreme Court of Georgia · 1952
- George v. McCurdyCourt of Appeals of Georgia · 1931
- Georgia Life Insurance v. HanveySupreme Court of Georgia · 1915
- Couch v. StateCourt of Appeals of Georgia · 1945
- McDonald v. StateCourt of Appeals of Georgia · 1961
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