Berry v. City of Jackson

Court of Appeals of Georgia

Berry v. City of Jackson

85 S.E. 683, 16 Ga. App. 479, 1915 Ga. App. LEXIS 92

CourtCourt of Appeals of Georgia

DecidedJune 25, 1915

Docket6075

StatusPublished

This text of 85 S.E. 683 (Berry v. City of Jackson) 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.

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Berry v. City of Jackson, 85 S.E. 683, 16 Ga. App. 479, 1915 Ga. App. LEXIS 92 (Ga. Ct. App. 1915).

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Opinion

Eussell, C. J.

There was no error in overruling the certiorari.

(o) On a trial by a municipal court, the extent to which the credibility of witnesses, who admit that their obtaining a stipulated reward is dependent on conviction of the accused, may be affected by that fact is a matter left to the trial court. It may altogether disregard a witness thus interested, or may believe him. Ford v. State, 13 Ga. App. 68 (4), 69 (78 S. E. 782).

(6) An oral expression, on the part of the trial judge, of doubt as to the sufficiency of the proof of the defendant’s guilt, whether made prior to the signing of the judgment of guilty or thereafter, can not be used to impeach that judgment. See Jackson v. State, 15 Ga. App. 179 (2), 180 (82 S. E. 771), and cases cited. Judgment affirmed.

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Eussell, C. J.

There was no error in overruling the certiorari.

(o) On a trial by a municipal court, the extent to which the credibility of witnesses, who admit that their obtaining a stipulated reward is dependent on conviction of the accused, may be affected by that fact is a matter left to the trial court. It may altogether disregard a witness thus interested, or may believe him. Ford v. State, 13 Ga. App. 68 (4), 69 (78 S. E. 782).

(6) An oral expression, on the part of the trial judge, of doubt as to the sufficiency of the proof of the defendant’s guilt, whether made prior to the signing of the judgment of guilty or thereafter, can not be used to impeach that judgment. See Jackson v. State, 15 Ga. App. 179 (2), 180 (82 S. E. 771), and cases cited. Judgment affirmed.

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Bluebook (online)

85 S.E. 683, 16 Ga. App. 479, 1915 Ga. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-city-of-jackson-gactapp-1915.

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