Baldwin v. State
| Court | Supreme Court of Georgia |
| Writing for the Court | EVANS |
| Citation | 75 S.E. 324,138 Ga. 340 |
| Decision Date | 09 July 1912 |
| Parties | BALDWIN . v. STATE. |
75 S.E. 324
(138 Ga. 340)
BALDWIN .
v.
STATE.
Supreme Court of Georgia.
July 9, 1912.
1. Criminal Law (§ 918*)—Trial—Rendition of Verdict—Absence of Counsel.
It is not cause for a new trial that the verdict was returned into court and received during the voluntary absence of the defendant's counsel, under the circumstances narrated in the opinion.
[Ed. Note.—For other cases, see Criminal Law. Cent. Dig. §§ 2163-2192, 2195, 2196, 2219-2224; Dec. Dig. § 918.*]
2. Witnesses (§ 274*)—Oross-Examination— Character of Defendant.
Where a witness called by the defendant testified to his good character from general reputation, it is allowable, on cross-examination, for the witness to testify to his having heard of specific instances of conduct tending to disprove the witness' estimate of the defendant's character.
[Ed. Note.—For other cases, see Witnesses, Cent. Dig. §§ 965, 966; Dec. Dig. § 274.*]
3. Criminal Law (§ 922*)—Trial—Instructions—Necessity for Requests.
In the absence of a written request, ordinarily the failure of the court, in his charge, to
[75 S.E. 325]apply a rule of evidence to the testimony of a particular witness is not cause for a new trial.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 2210-2218; Dec. Dig. § 922.2-*]
Error from Superior Court, Stewart County; Z. A. Littlejohn, Judge.
Jack Baldwin was convicted of murder, and he brings error. Affirmed.
G. Y. Harrell, of Lumpkin, for plaintiff in error.
J. R. Williams, Sol. Gen., of Americus, and T. S. Felder, Atty. Gen., for the State.
EVANS, P. J. The plaintiff in error, Jack Baldwin, was convicted of the murder of Alice Scott. From the evidence and the defendant's statement, the jury were authorized to find: That the accused and the deceased had been living in a state of concubinage; that, having been informed that the deceased intended to marry another man, the accused went to a house where the deceased and this man were visiting, called the deceased to him, and, with a declaration that he intended to kill her, stabbed her 11 times, with the result that she died in 10 minutes from the wounds. The accused introduced a witness that he was in a drunken condition shortly before the homicide; and in his statement the accused admitted that he went to the house where the homicide occurred on the invitation of the deceased, but disclaimed knowing anything about inflicting the mortal wounds.
1. In his motion for new trial, the accused complains that the...
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Jones v. State, 44979
......State, supra. However, on cross-examination of character witnesses, both the State and the defendant were permitted to "elicit the witness's information of specific instances of conduct tending to disprove the witness's estimate of [the defendant's] character." Baldwin v. State, 138 Ga. 349, 350, 75 S.E. 324 (1912). 2 This was allowed in order to test "the extent and foundation of the witness's knowledge and the correctness of his testimony on direct examination." May v. State, 185 Ga. 335, 338, 195 S.E. 196 (1938). The character witness could testify only to ......
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Wick v. State, 15115.
......State, 107 Ga. 683 (3), 33 S.E. 673; Andrews v. State, 118 Ga. 1 (2), 43 S.E. 852; Warrick v. State, 125 Ga. 133 (6), 53 S.E. 1027; Dot-son v. State, 136 Ga. 243, 17 S.E. 164; Baldwin v. State, 138 Ga. 349 (2), 75 S.E. 324; Brooks v. State, 150 Ga. 732 (3), 105 S.E. 362; Jones v. State, 154 Ga. 423 (4), 114 S.E. 326; Chapman v. State, 155 Ga. 393, 117 S.E. 321; May v. State, 185 Ga. 335 (3), 195 S.E. 196; Mimbs v. State, 189 Ga. 189, 192 (2), 5 S.E.2d 770. The ......
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Morton v. State, 13287.
......842]the verdict;" and that an insistence on such a poll was all that counsel could have done had they been present and not waived it. O'Bannon v. State, 76 Ga. 29 (2), 31; Baldwin v. State, 138 Ga. 349, 350, 75 S. E. 324; Richards v. State, 136 Ga. 67 (2), 70 S.E. 868; Roberson v. State, 135 Ga. 654 (2), 655, 70 S.E. 175. 3. The use of the word "ideal" in a general instruction as to the duty of the jurors in considering the case and ascertaining the ......
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Brown v. State, 2396.
...State, 67 Ga. 739; Roberson v. State, 135 Ga. 654, 70 S.E. 175; Richards v. State, 136 Ga. 67, 70 S.E. 868; Baldwin v. State, 138 Ga. 349, 75 S.E. 324. But in these cases new trials were not granted, under the special facts involved. In O'Bannon v. State, 76 Ga. 29, it was broadly held: "Th......
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Jones v. State, No. 30039.
...specific instances of conduct tending to disprove the witness' estimate of the defendant's character." Baldwin v. State, 138 Ga. 349(2), 75 S.E. 324; Dotson v. State, 136 Ga. 243(2), 71 S.E. 164; Ozburn v. State, 87 Ga. 173, 180(4), 13 S.E. 247; Mimbs v. State, 189 Ga. 189, 192(2), 5 S.E.2d......
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Wick v. State, No. 15115.
...S.E. 852; Warrick v. State, 125 Ga. 133 (6), 53 S.E. 1027; Dot-son v. State, 136 Ga. 243, 17 S.E. 164; Baldwin v. State, 138 Ga. 349 (2), 75 S.E. 324; Brooks v. State, 150 Ga. 732 (3), 105 S.E. 362; Jones v. State, 154 Ga. 423 (4), 114 S.E. 326; Chapman v. State, 155 Ga. 393, 117 S.E. 321; ......
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Jones v. State, No. 44979
...instances of conduct tending to disprove the witness's estimate of [the defendant's] character." Baldwin v. State, 138 Ga. 349, 350, 75 S.E. 324 (1912). 2 This was allowed in order to test "the extent and foundation of the witness's knowledge and the correctness of his testimony on direct e......
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Parker v. State, No. 14757.
...failure to give it was not error, there being no request. Holmes v. State, 131 Ga. 806(1), 63 S.E. 347; Baldwin v. State, 138 Ga. 349(3), 75 S.E. 324. 7. In ground 15, it was contended that the court erred in failing to charge the jury as to the offense of involuntary manslaughter in the co......