Maddox v. City Of Eatonton

• Decision Date: 15 February 1911
• Docket Number: (No. 2,763.)
• Citation: 70 S.E. 214,8 Ga.App. 817
• Court: Georgia Court of Appeals
• Parties: MADDOX. v. CITY OF EATONTON.

70 S.E. 214

8 Ga.App. 817

MADDOX.

v.CITY OF EATONTON.

(No. 2, 763.)

Court of Appeals of Georgia.

Feb. 15, 1911.

(Syllabus by the Court.)

1. Sufficiency of Accusation—Demurrers.

The accusation against the accused was sufficient in form and substance, and not subject to the demurrers offered against it.

2. Criminal Law (§ 304^*)—Evidence—Judicial Notice.

The courts take judicial cognizance that whisky is both spirituous and intoxicating, and no proof of these facts need be made in any case.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 716; Dec. Dig. § 304.*]

3. Criminal Law (§ 1170 1/2*) — Witnesses (§§ 226, 262*)—Examination of Witnesses —Appeal—Harmless Error.

Every trial court has a broad discretion as to the order and manner of examining the witnesses in a case, and as to allowing them to be recalled for further examination. No exercise of this discretion, unless palpably unfair and prejudicial to the complaining party, will ever be declared by this court to be reversible error, in its reviewing capacity.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 3129-3134; Dec. Dig. § 1170 1/2;* Witnesses, Cent Dig. §8 792, 797; Dec. Dig. §§ 226, 262.*]

4. Criminal Law (§ 1165*)—Writ of Error —Harmless Error.

Even if there were some technical errors in the trial of the accused, the result of the case is so manifestly the correct legal result that the court is able to pronounce these alleged errors harmless; hence, under the doctrine laid down in Hall v. State, 8 Ga. App. —, 70 S. E. 211, no reversal of the judgment of the court below ensues.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 3086; Dec. Dig. § 1165.*]

Error from Superior Court, Putnam County; H. G. Lewis, Judge.

Sol Maddox was convicted of violating an ordinance of the city of Eatonton, and brings error. Affirmed.

W. T. Davidson, for plaintiff in error.

M. F. Adams, for defendant in error.

POWELL, J. Judgment affirmed.

*. For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes