Bass v. State

• Decision Date: 12 October 1908
• Docket Number: (No. 1,297.)
• Citation: 62 S.E. 540,4 Ga.App. 844
• Parties: BASS. v. STATE.
• Court: Georgia Court of Appeals

62 S.E. 540

4 Ga.App. 844

BASS.

v.STATE.

(No. 1, 297.)

Court of Appeals of Georgia.

Oct. 12, 1908.

1. Criminal Law—Evidence—Statement by Defendant—Right of Counsel to Ask Questions.

The right to make a statement in his behalf is a personal right granted to the defendant, and extends no further than to permit him personally to make to the court and jury just such statement as he deems proper in his defense. His counsel has no right to ask him questions while he is making his statement. The trial judge, however, in his discretion can permit the defendant's counsel to make suggestions to the defendant relating to his statement, while he is making it or when he has concluded it. Walker v. State, 116 Ga. 540, 42 S. E. 787, 67 L. R. A. 426; Brown v. State, 58 Ga. 214; Echols v. State, 109 Ga. 508, 34 S. E. 1038.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1584-1590.]

2. Same—Remarks of Court.

The trial judge, in refusing to allow the defendant's counsel to examine him or to call his attention to "one other matter, " did not err in saying in the hearing of the jury: "I have allowed him to make a free and full statement." The use of the word "full" was not an expression relating to the credit or weight of the statement.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 14, Criminal Law, §§ 1520-1533, 1584-1590.]

3. Same—Evidence—Sufficiency.

The evidence supports the verdict.

(Syllabus by the Court.)

Error from City Court of Sparta; F. L. Little, Judge.

Albert Bass, Jr., was convicted of a crime, and he brings error. Affirmed.

R. H. Lewis, for plaintiff in error.

R. W. Moore, Sol., for the State.

HILL, C. J. Judgment affirmed.