Allen v. State
Supreme Court of Georgia
Indictment for assault with intent to murder, and for shooting at another. In Burke Superior Court. Tried before Judge Holt, at May Term, 1858. Jesse J. Allen was indicted for an assault with intent to murder one Elijah A. Gordon. There was also a count “for shooting at another,” contrary to the statute in such cases made and provided. The case was tried before Judge Holt, at May Term, 1858, and the Jury returned a verdict of guilty, under the second count.
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Indictment for assault with intent to murder, and for shooting at another. In Burke Superior Court. Tried before Judge Holt, at May Term, 1858. Jesse J. Allen was indicted for an assault with intent to murder one Elijah A. Gordon. There was also a count “for shooting at another,” contrary to the statute in such cases made and provided. The case was tried before Judge Holt, at May Term, 1858, and the Jury returned a verdict of guilty, under the second count. The defendant moved for a new trial on eight grounds, three only of which were relied upon and insisted on before the Superior Court,…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. The questions put to. the impeaching witness in this «case were excessively leading, and we think, for that rea*397son, were irregular and improper. There can be no good reason for relaxing in favor of an impeaching witness the general rule against the asking of leading questions. This is a ease where it devolves upon the Jury to weigh testimony in a peculiar sense, and it is, therefore, important that the witness should first be left to exhaust bis memory on tbe subject; without the aid of leading, in order that the Jury may se.e how far he…
2Cited by9 opinions
- Kunkle v. StateIndiana Supreme Court · 1869
- Glover v. StateSupreme Court of Georgia · 1898
- Alexander v. StateCourt of Appeals of Georgia · 1942
- Love v. StateCourt of Appeals of Georgia · 1990
- Clark v. StateSupreme Court of Georgia · 1890
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