Robinson v. The State Of Ga.
| Decision Date | 28 February 1882 |
| Citation | 68 Ga. 833 |
| Parties | Robinson. vs. The State of Georgia. |
| Court | Georgia Supreme Court |
1. Where a witness who testified at a committing trial subsequently died, on the final trial of the same case in the superior court his testimony so given was admissible, and there being nothing to show that it was reduced to writing, it was competent to prove what such testimony was by parol. Code, §3782; 45 Ga., 283; 61 Ib., 448; 63 Ib., 692.
2. Where an indictment charged the larceny of a horse belonging to Joel W. Perry, and the evidence was that the horse belonged to "Colonel Perry, " whom one of the witnesses called his father-in-law, the identity of the owner as charged and as proved, was for the jury; and in the absence of any conflicting testimony as to the ownership or of proof that there was any other Perry in the county, a verdict of guilty will not be set aside as contrary to law, on the ground that the probata and allegata did not agree as to ownership.
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Burns v. State
...the Penal Codes of 1895, § 1001 and 1910, § 1027. The section has been uniformly applied to criminal as well as to civil cases. Robinson v. State, 68 Ga. 833; Mitchell State, 71 Ga. 128(4); Hardin v. State, 107 Ga. 718, 33 S.E. 700; Robinson v. State, 128 Ga. 254, 57 S.E. 315; Taylor v. Sta......
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Robertson v. State
...may be reproduced on a second trial, but does say that it cannot be done if the witness is still living, and in the case of Robinson v. State, 68 Ga. 833, it is held: Where a witness who testified at a committing trial subsequently died, on the final trial of the same case in the superior c......
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Prater v. State
...Testimony given at commitment hearings has often been allowed under § 38-314 at the following trial for the same crime. E. g., Robinson v. State, 68 Ga. 833 (1882); Hardin v. State, 107 Ga. 718, 33 S.E. 700 (1899); Tanner v. State, 213 Ga. 820, 102 S.E.2d 176 (1958); Littles v. State, 236 G......
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Martin v. State
...(preliminary hearing testimony); Littles v. Balkcom, 245 Ga. 285(3), 264 S.E.2d 219 (1980) (commitment hearing testimony); Robinson v. State, 68 Ga. 833 (1882) (committing trial testimony). On the other hand, prior testimony from a defendant's bond hearing has been held inadmissible at the ......