Berkstein v. City of Atlanta

Court of Appeals of Georgia

Berkstein v. City of Atlanta

71 S.E. 432, 9 Ga. App. 303, 1911 Ga. App. LEXIS 526

CourtCourt of Appeals of Georgia

DecidedApril 24, 1911

Docket3288

StatusPublished

This text of 71 S.E. 432 (Berkstein v. City of Atlanta) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berkstein v. City of Atlanta, 71 S.E. 432, 9 Ga. App. 303, 1911 Ga. App. LEXIS 526 (Ga. Ct. App. 1911).

Pincite

Opinion

Hill, C. J.

1. On a trial before the recorder of a police court, the recorder, after a lengthy cross-examination of a witness, remarked to the attorney for the accused, in effect, that it seemed to him that the attorney had “pumped the witness dry,” and that, as he had a heavy docket, he wished the attorney would expedite the examination, and that the attorney took up more time in the trial of cases in his court than any other attorney. Held, that this language of the recorder does not indicate that the accused did not have a fair and impartial trial, especially in view of the fact that the recorder told the attorney, in the same connection, that he would stay on the bench until midnight, if necessary, to conclude the case.

2. The constitutional question raised in the petition for certiorari, not being referred to in the argument or brief of counsel for the plaintiff in error, will be treated as abandoned.

3. The credibility of the witnesses was a matter for the recorder, and the evidence was sufficient to show that the accused had violated the city ordinance as alleged. Judgment affirmed.

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Hill, C. J.

1. On a trial before the recorder of a police court, the recorder, after a lengthy cross-examination of a witness, remarked to the attorney for the accused, in effect, that it seemed to him that the attorney had “pumped the witness dry,” and that, as he had a heavy docket, he wished the attorney would expedite the examination, and that the attorney took up more time in the trial of cases in his court than any other attorney. Held, that this language of the recorder does not indicate that the accused did not have a fair and impartial trial, especially in view of the fact that the recorder told the attorney, in the same connection, that he would stay on the bench until midnight, if necessary, to conclude the case.

2. The constitutional question raised in the petition for certiorari, not being referred to in the argument or brief of counsel for the plaintiff in error, will be treated as abandoned.

3. The credibility of the witnesses was a matter for the recorder, and the evidence was sufficient to show that the accused had violated the city ordinance as alleged. Judgment affirmed.

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Bluebook (online)

71 S.E. 432, 9 Ga. App. 303, 1911 Ga. App. LEXIS 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berkstein-v-city-of-atlanta-gactapp-1911.