Phillips v. State
| Decision Date | 09 December 1904 |
| Citation | 121 Ga. 358,49 S.E. 290 |
| Parties | PHILLIPS v. STATE. |
| Court | Georgia Supreme Court |
CRIMINAL LAW—INSTRUCTIONS—DRUNKENNESS —WITNESSES UNDER RULE—NEW TRIAL-HOMICIDE—EVIDENCE.
1. Failure of the trial judge to charge the jury upon the subject of the impeachment of Witnesses, in the absence of a proper request, is not cause for a new trial. Boynton v. State, 41 S. E. 995, 115 Ga. 587; Anderson v. State, 43 S. E. 835. 117 Ga. 255.¶1. See Criminal Law, vol. 14, Cent. Dig. §§ 1996, 1999
2. Under the evidence as disclosed by the record, the charge of the judge on the subject of drunkenness of the accused was as favorable as he had any right to expect.
3. When the witnesses have been put under the rule, and one of them disobeys the order of the court, and remains in the courtroom while the other witnesses testify, he is not thereby disqualified as a witness. Civ. Code 1895, § 5280; McWhorter v. State, 44 S. E. 873, 118 Ga. 55 (6). The fact that he has heard the evidence may go to his credit or subject him to proceedings for contempt, but does not disqualify him.
4. This court will not consider a ground of a motion for a new trial complaining of the admission of evidence when the ground of objection to such evidence is not stated.
5. There was no error in failing to charge upon the subject of involuntary manslaughter.
6. The evidence fully authorized the verdict, and there was no abuse of discretion in refusing a new trial.
(Syllabus by the Court.)
Error from Superior Court, Coweta County; R. W. Freeman, Judge.
Greely Phillips was convicted of murder, and brings error. Affirmed.
A. H. Freeman, for plaintiff in error.
John C. Hart, Atty. Gen., H. A. Hall, Sol. Gen., and W. L. Stallings, for the State.
SIMMONS, C. J. Judgment affirmed. All the Justices concur.
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...and was not subject to a citation for contempt. We find nothing in McWhorter v. State, 118 Ga. 55(6), 44 S.E. 873 or Phillips v. State, 121 Ga. 358(3), 49 S.E. 290 calling for a different ruling. Further, the court's general charge on the credibility of witnesses was sufficient instruction ......
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...and material. See Pippins v. State, 224 Ga. 462(2), 464, 162 S.E.2d 338; McWhorter v. State, 118 Ga. 55(6), 44 S.E. 873; Phillips v. State, 121 Ga. 358(3), 49 S.E. 290; Shelton v. State, 220 Ga. 610, 140 S.E.2d 839; Dye v. State, 220 Ga. 113(2), 115, 137 S.E.2d 465. The trial court erred, i......
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