Allen v. The State Of Ga.
| Decision Date | 30 June 1859 |
| Citation | 28 Ga. 395 |
| Parties | ALLEN. vs. THE STATE OF GEORGIA. |
| Court | Georgia Supreme Court |
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, viz:
1st. That the Court erred in permitting the Attorney General, after asking William Anderson, a witness fordefendant, whether or not he had made certain statements, relative to the case, to Ephraim Ponder, at two several places and times designated, to introduce said Ponder as a witness to impeach Anderson, and to read to Ponder, from a paper held in his hands, the statements denied by Anderson, and to ask him, Ponder, whether or not Anderson had, at the times and places named, made such statements to witness—counsel for defendant objecting to this mode of interrogation, as leading and illegal, and insisted that the Attorney General should ask the witness whether or not Anderson, at the times and places designated, had made any and what statements to him relative to the case, or to the like effect.
2d. That the Court erred in refusing to charge the Jury, when requested by defendant's counsel in writing, "that if the constable was acting de facto or de jure, the defendant was justified in shooting, after the attempt of that constable to discharge a rifle at defendant, by snapping it three or four times before resistance by defendant."
3. That the Court erred in charging the Jury, that under the second count in the indictment, (viz: for shooting at prosecutor,) it was perfectly immaterial, regarding defendant's guilt, whether the pistol discharged by him was loaded with ball or shot, or not.
The Court refused the motion for a new trial, to which decision counsel for defendant excepted, and assigns the same as error.
Jenkins, represented by Jno. K. Jackson and A. H. H. Dawson, for plaintiff in error.
Attorney General McLaws, contra.
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-son, 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 case 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 his memory on the subject, without the aid of leading, in order that the Jury may see how far he speaks...
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Alexander v. State
... ... 446, 197 S.E. 846, 116 A.L.R. 981; ... Moyers v. State, 61 Ga.App. 324, 332, 6 S.E.2d 438 ... The judge therefore did not err in refusing to charge the ... requests referred to in these grounds, and no reversible ... error is disclosed ... [19 S.E.2d 357] ... Allen ... v. State, 28 Ga. 395(2), 73 Am.Dec. 760; Southern ... Ry. Co. v. Wilcox, 59 Ga.App. 785, 791, 2 S.E.2d 225; ... Long v. State, 12 Ga. 293, 323(16) ... 7. The ... defendant contends in ground 11 that there was no evidence ... that W. N. Rudisill, at the time and place ... ...
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Alexander v. State
...did not err in refusing to charge the requests referred to in these grounds, and no reversible error is dis-closed. Allen v. State, 28 Ga. 395(2), 73 Am.Dec. 760; Southern Ry. Co. v. Wilcox, 59 Ga.App. 785, 791, 2 S.E.2d 225; Long v. State, 12 Ga. 293, 323(16). 7. The defendant contends in ......
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Miller v. State
... ... part of the issues and assumed facts which were contested in ... the case and which should have been submitted to the jury for ... their [73 Ga.App. 812] determination. Southern Ry. Co. v ... Wilcox, 59 Ga.App. 785, 791, 2 S.E.2d 225; Allen v ... State, 28 Ga. 395, 73 Am.Dec. 760; Harrell v ... State, 121 Ga. 607(5), 49 S.E. 703; Long v ... State, 12 Ga. 293(16, 17). It was not erroneous to ... refuse to give such charge ... 3 ... Special ground one. The following question was propounded to ... the ... ...
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Miller v. State, 31153.
...have been submitted to the jury for their determination. Southern Ry. Co. v. Wilcox, 59 Ga.App. 785, 791, 2 S.E.2d 225; Allen v. State, 28 Ga. 395, 73 Am.Dec. 760; Harrell v. State, 121 Ga. 607(5), 49 S.E. 703; Long v. State, 12 Ga. 293 (16, 17). It was not erroneous to refuse to give such ......