Mclendon v. State
| Decision Date | 19 April 1910 |
| Docket Number | (No. 2,516.) |
| Citation | 7 Ga.App. 687,67 S.E. 846 |
| Parties | McLENDON v. STATE. |
| Court | Georgia Court of Appeals |
(Syllabus by the Court.)
The defendant in a criminal case has 15 days within which to serve the bill of exceptions. Civ. Code 1895, § 5540.
[Ed. Note.—For other cases, see Criminal Law, Dec. Dig. § 1092.*]
In the absence of a written request, the court did not err in failing to charge on the weight to be given to evidence of good character.
[Ed. Note.—For other cases, see Criminal Law, Cent. Dig. § 2007; Dec. Dig. § 828.*]
The credibility of the witnesses is a material matter in every case. Testimony which tends to show the interest or lack of interest of a witness is therefore relevant.
(a) In a prosecution for the illegal sale of intoxicating liquor, it was error for the court to refuse to allow the defendant to prove that the county commissioners of the county had offered a reward of $25 "to each person prosecuting to conviction or furnishing evidence to convict" any person in said county of the offense of the illegal sale of intoxicating liquor, and to refuse to allow him to prove by the prosecutor, who testified as a witness, and by thechief witness on whom the state relied, that they knew of the offering of this reward.
[Eel. Note.—For other cases, see Witnesses, Cent. Dig. §§ 1177, 1178, 1181, 1201, 1202, 1207; Dec. Dig. §§ 363, 374, 377.2-*]
Error from City Court of Brunswick; D. W. Krauss, Judge.
Bertha McLendon was convicted of an illegal sale of liquor, and brings error. Reversed.
J. T. Colson, for plaintiff in error.
Ernest Dart, Sol., for the State.
POWELL, J. Bertha McLendon was convicted of the illegal sale of intoxicating liquor. As to the evidence, it will be sufficient to say that while in a legal sense it was adequate to support the conviction, yet that the case was very close and doubtful. She filed a motion for new trial on sundry grounds, which was overruled; and to this action of the court she brings error.
1. State's counsel has moved to dismiss the writ of error on the ground that it was not served within 10 days after it was certified. In civil cases (except those brought on fast bills) the law does require a bill of exceptions to be served within 10 days after certification. In criminal cases, however, the time is 15 days. Civ. Code 1895, § 5540. The bill of exceptions was served in time, and the motion to dismiss is overruled.
2. One of the complaints made in the motion for new trial is that, although the defendant's testimony consisted largely of the proof of her good character, yet the court in his charge made no reference to the effect of proving good character. There was no written request, however, and we do not think that the judge's failure in this respect constitutes reversible error. There is nothing peculiar about evidence of good character that should cause the court to single it out and charge upon it, rather than any of the other evidence offered in the case. He may do so if he desires; but, in the absence of a written request, there is nothing to require a charge on the subject. Its sole relevancy is that it is one of the facts which may tend to make the defendant's guilt doubtful.
3. The defendant offered in evidence a certified copy from the...
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Brantley v. State
...of the good character of the defendant, in the absence of proper request. Scott v. State, 137 Ga. 337 (3), 73 S.E. 575; McLendon v. State, 7 Ga.App. 687, 67 S.E. 846. Nor the court err in omitting to charge, with or without request, on the sufficiency of circumstantial evidence to authorize......