Jeffers v. State
| Decision Date | 12 April 1916 |
| Docket Number | 339. |
| Citation | 88 S.E. 571,145 Ga. 74 |
| Parties | JEFFERS v. STATE. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
While the court's charge upon the subject of impeachment of witnesses was not entirely accurate, the inaccuracy was not of such a character as to require the grant of a new trial.
The exceptions to that portion of the court's charge instructing the jury that if the testimony showed clearly that the defendant had committed the offense charged, and the jury should so find beyond a reasonable doubt, the jury would be authorized to convict, "although good character may have been established," are without merit.
A ground of a motion for a new trial, complaining that the verdict is contrary to certain specified portions of the charge, means merely that the verdict is contrary to law, and raises no question for decision not raised by the general assignment of error that the verdict is contrary to law.
A medical expert, after examination of a child, could give his opinion as to the state of her mental development.
A ground of the motion for a new trial, containing an exception to a ruling of the court refusing a motion of defendant's counsel to rule out of evidence "what occurred about the defendant's character since this case has begun," without showing what evidence had been introduced as to defendant's character at the time the motion was made shows no error on the part of the court.
This court will not undertake to pass upon exceptions to rulings of the court upon the admissibility of evidence, when in the grounds of the motion for a new trial presenting the exceptions the movant complains generally of the court's rulings, and such grounds consist of numerous questions and the answers thereto, interspersed with colloquies between the court and counsel, some of the answers being admissible, some not, and still others being entirely immaterial.
The evidence authorized the verdict.
Error from Superior Court, Douglas County; A. L. Bartlett, Judge.
F. W Jeffers was convicted of rape, and brings error. Affirmed.
See also, 143 Ga. 849, 85 S.E. 1005.
J. S. James, of Atlanta, and J. H. McLarty, of Douglasville, for plaintiff in error.
J. R. Hutcheson, Sol. Gen., of Douglasville, Clifford Walker, Atty. Gen. and Mark Bolding, of Atlanta, for the State.
BECK, J. (after stating the facts as above).
1. Error is assigned upon the following charge of the court:
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...permitted psychiatrists to expose mental defects, hysteria, and pathological lying in sex prosecutrices.' Citing Jeffers v. State, 145 Ga. 74, 88 S.E. 571 (Ga.Sup.Ct.1916). Accord, State v. Teager, 222 Iowa 391, 269 N.W. 348 (Iowa Sup.Ct.1936). Mell v. State, 133 Ark. 197, 202 S.W. 33, L.R.......
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Petty v. Folsom, 27276
...it included or was based entirely on conversation as a part of the observation process, is not disclosed in the opinion. Jeffers v. State, 145 Ga. 74, 88 S.E. 571. And based on observation on a specified date, a physician was properly allowed to testify whether a person was capable of reali......
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