Green v. State
| Decision Date | 26 January 1901 |
| Citation | 37 S.E. 885,112 Ga. 638 |
| Parties | GREEN v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. The sayings of a prosecutor are generally not admissible as evidence in the trial of a criminal case. See 1 Rose. Cr. Ev. (8th Ed.) 86; Belt v. State, 29 S.E. 451, 103 Ga. 13 (syl., point 5), and authorities cited; Bridges v. State, 34 S.E. 1037, 110 Ga. 246 (syl., point 2).
2. The sayings of the owner of property alleged in a special presentment to have been the subject of a larceny are inadmissible for the same reasons that the sayings of a prosecutor are excluded. Bridges v. State, supra.
3. It follows, from the propositions above stated, that upon a trial for the offense of larceny after a trust, charged in a special presentment alleging that money appropriated by the accused to his own use was the property of certain named persons as trustees of a church, and that such appropriation was without the consent of the trustees named, it was not error to refuse to permit a witness for the accused to testify that one of the persons named as trustees had said that the trustees authorized the accused to use some of the money alleged to have been misappropriated.
4. The foregoing notes deal with all of the special assignments of error as are in such shape that the questions sought to be presented can be determined by this court. See Daniel v. Hannah, 31 S.E. 734, 106 Ga. 91; Lucas v. State, 36 S.E. 87, 110 Ga. 757 (syl., point 3), and cases cited; Fletcher v. Collins, 36 S.E. 646, 111 Ga. 253.
5. The evidence, though conflicting, was sufficient to authorize the verdict, and the judge did not abuse his discretion in refusing to grant a new trial.
Error from superior court, Floyd county; W. M. Henry, Judge.
D. T. Green was convicted of crime, and brings error. Affirmed.
Seaborn Wright and J. W. Bale, for plaintiff in error.
Moses Wright, Sol. Gen., for the State.
Judgment affirmed.
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Bryant v. State
... ... cit.; Reid v. State, 49 Ga.App. 429, 176 S.E. 100, ... and cit.), and 'a witness may not be impeached by simply ... showing that he had made a statement not material to the ... issue,' such evidence was inadmissible to controvert the ... witness. Green v. State, 43 Ga. 368(2); Mitchum ... v. State, 11 Ga. 615(8); Clarke v. State, 41 ... Ga.App. 556, 153 S.E. 616; Poland v. Osborne Lumber ... Co., 37 Ga.App. 212, 139 S.E. 734 ... 3. The ... court did not err in excluding testimony of two witnesses, as ... to whether ... ...
- Green v. State