Edwards v. State
| Decision Date | 02 February 1937 |
| Docket Number | 25878. |
| Citation | 189 S.E. 678,55 Ga.App. 187 |
| Parties | EDWARDS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Witness not sworn and sequestered when witnesses were separated is competent to testify, although he remained in courtroom and heard testimony.
Where witness has been purposely kept in courtroom in disobedience of orders of court, with knowledge that he was to be used as witness, fact that witness has heard testimony goes to his credit, but does not affect his competency.
Wife of prosecutor held not incompetent to testify on ground that she was testifying for her husband.
In prosecution for assault with intent to murder, objection to question put to prosecutor by accused's counsel as to whether he had ever had intercourse with any woman except his wife on ground that question was irrelevant and immaterial and tended to hold witness open to embarrassment and public ridicule held properly sustained.
Where accused's counsel stated that he wanted to show that certain witness "had women on the brain," judge's remark to counsel, made in jest, that "all men have women on the brain," which judge instructed jury to disregard, held harmless.
Jury have right to believe testimony of witness, notwithstanding witness is impeached and is uncorroborated, since credibility of witness is exclusively and absolutely for jury (Code 1933 § 38-1806).
Charge authorizing conviction for stabbing on finding that accused cut prosecutor without justification "or under principles of justification as defined by the law" held not error requiring new trial, as against contention that charge authorized conviction whether or not accused was justified in cutting prosecutor, where court immediately afterwards charged that jury could not find accused guilty if prosecutor was manifestly intending or endeavoring to have sexual intercourse with accused against her will and knocked her down.
Error from Superior Court, Morgan County; James B. Park, Judge.
W. M Edwards was convicted of stabbing, and she brings error.
Affirmed.
Emerson H. George, of Madison, for plaintiff in error.
C. S Baldwin, Jr., Sol. Gen., of Madison, for the State.
Syllabus OPINION.
1. Thomas v. State, 7 Ga.App. 615, 67 S.E. 707.
2. The wife of the prosecutor was not barred from testifying in this case on the ground that she was testifying for or against her husband, because her husband was not being tried, not even indicted, at this time for any offense.
3. In examining the prosecutor, the defendant's counsel asked if he had ever had intercourse with any other woman except his wife, and the solicitor general objected on the ground that the question was irrelevant and immaterial and tended to hold the witness open to embarrassment and public ridicule. Held, the court properly sustained the objection.
4. Where, in an argument by counsel as to the relevancy of certain testimony, counsel for the movant made the remark that he wanted to show that a...
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Jones v. State
...a finding that Kinard and Mrs. Tant were impeached, is without merit, for the credibility of witnesses is for the jury. Edwards v. State, 55 Ga.App. 187(5), 189 S.E. 678. 8. Special ground 21 contends that the court erred in charging the jury as follows: "Now, while it is for you to determi......
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Jones v. State
... ... connection with ground 3, discussed in division 5 of this ... opinion. The exception that the evidence demanded a finding ... that Kinard and Mrs. Tant were impeached, is without merit, ... for the credibility of witnesses is for the jury. Edwards ... v. State, 55 Ga.App. 187(5), 189 S.E. 678 ... 8 ... Special ground 21 contends that the court erred in charging ... the jury as follows: "Now, while it is for you to ... determine the credit, if any to be given a witness sought to ... be impeached, still the law is ... ...
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Fulmer v. State, 31295.
...of witnesses.' Brown v. State, 10 Ga.App. 50(2), 72 S.E. 537; Solomon v. State, 10 Ga.App. 469(3), 73 S.E. 623." Edwards v. State, 55 Ga.App. 187(5), 189 S.E. 678, 679. 3. " 'The whole question of the credibility of witnesses is wisely left to the jury under any and all circumstances, and, ......
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Griffin v. Ross, s. 35879
...of witnesses.' Brown v. State, 10 Ga.App. 50(2), 72 S.E. 537; Solomon v. State, 10 Ga.App. 469(3), 73 S.E. 623.' Edwards v. State, 55 Ga.App. 187(5), 189 S.E. 678. '3. "The whole question of the credibility of the witnesses is wisely left to the jury under any and all circumstances, and, th......