Evans v. State
| Decision Date | 26 July 1921 |
| Docket Number | (No. 12565.) |
| Citation | 27 Ga.App. 316,108 S.E. 129 |
| Parties | EVANS. v. STATE. |
| Court | Georgia Court of Appeals |
(Syllabus by the Court.)
Error from Superior Court, Taliaferro County; E. T. Shurley, Judge.
Robert Evans was convicted of an offense, and he brings error. Affirmed.
J. A. Mitchell, of Crawfordville, for plaintiff in error.
M. L. Felts, Sol. Gen., of Warrenton, for the State.
BLOODWORTH, J. [1] 1. The court did not err in charging the jury:
(a) "A reasonable doubt is such a doubt as would arise in the mind of an honest juror seeking to do his duty, seeking the truth of the transaction, seeking to do justice between the state and the accused, and would not be such a doubt as would arise in the mind of a dishonest juror or who would go into the jury box for the purpose of discharging the defendant."
(b) "I charge you that it is not essential that the testimony shall of itself be sufficient to warrant a verdict of guilty—that is corroborating evidence, or that the corroborating testimony of the accomplice shall be corroborated in every particular—but is necessary, in addition to the corroboration of an accomplice, that the testimony shall be of itself sufficient to raise the inference of the defendant's guilt, and sufficient to connect the defendant with the perpetration of the crime, and tend to show his guilt, and the sufficiency of the corroboration is a question for you to determine."
2. The chief witness against plaintiff in error was his coindictee, who, in the briefs of counsel for both the state and the defendant, is admitted to be an accomplice. In Hargrove v. State, 125 Ga. 274, 54 S. E. 166, Justice Evans said:
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