Mcclendon v. State, (No. 2,439.)

CourtUnited States Court of Appeals (Georgia)
Citation7 Ga.App. 784,68 S.E. 331
Decision Date14 June 1910
Docket Number(No. 2,439.)

(Syllabus by the Court.)

1. Criminal Law (§§ 472, 475*)—EvidenceExpert Evidence.

The testimony of an expert as to his opinion as such is admissible upon any matter, if the opinion given relates to scientific or technical knowledge. The weight of such testimony, and whether its application to the proved facts is illustrative of the particular transaction under investigation, is a question for the jury. There being an issue in this case as to whether the prosecuting witness could see his assailant under a culvert at the time of the assault, as he claimed to have done, and the condition of the culvert, so far as appears from the record, not having been changed up to the time of the trial, it was not error for the court to permit the witness to testify that he went to the same culvert, at the request of the solicitor general, and that "the light extended angling under it for a distance of eight steps." It was for the jury to say whether there had been any change in the condition of the culvert, as to whether that change would have affected the result, and, indeed, as to whether they would attach importance to the testimony of the expert upon the subject of the distance to which the light extended, as illustrating the distance to which the light extended at the time of the alleged assault. The witness in question having stated the facts as to the distance of the electric light from the culvert, and the time of the night at which he made his observations, it was likewise for the jury to determine whether, in their opinion, the opinion of the witness was of any value, when applied to the testimony as to the nature of the culvert and its surroundings at the time of the assault. The condition of the culvert and the light at the time of the assault would necessarily be controlling; but the opinion evidence might be helpful to the jury, if conditions were the same at the time of his observations as they were at the time of the assault.

[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. §§ 1059, 1063; Dec. Dig. §§ 472, 475.*]

2. Criminal Law (§§ 461, 494, 1153*)—Evidence—Experiments—Opinion Evidence-Speed.

The admission of testimony as to experiments must largely rest in the discretion of the trial judge; and the exercise of this discretion will not be controlled, unless manifestly abused. The weight to be attached to such testimony is for the jury, and varies...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT