Home/Supreme Court of Georgia/Cowart v. State

Cowart v. State

48 S.E. 198, 120 Ga. 510, 1904 Ga. LEXIS 622
CourtSupreme Court of Georgia
DecidedJuly 12, 1904
StatusPublished
Cited by4 cases

This text of 48 S.E. 198 (Cowart v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cowart v. State, 48 S.E. 198, 120 Ga. 510, 1904 Ga. LEXIS 622 (Ga. 1904).

Opinion

Evans, J.

A charge to the effect that the testimony of a witness testifying positively is entitled to more weight than that of one who testifies negatively is cause for a new trial, where one of the parties relies almost entirely on negative evidence, unless the court further charges that, in weighing the testimony of such witnesses, the jury should consider and pass upon the question of their credibility. Southern Ry. Co. v. O'Bryan, 115 Ga. 659, 660, citing approvingly Humphries v. State, 100 Ga. 260, and Atlanta Railway Co. v. Bigham, 105 Ga. 498. The present case is controlled by these decisions Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Great American Indemnity Co. v. Oxford
24 S.E.2d 726 (Court of Appeals of Georgia, 1943)
Phillips v. State
57 S.E. 1079 (Court of Appeals of Georgia, 1907)
Warrick v. State
53 S.E. 1027 (Supreme Court of Georgia, 1906)
Grant v. State
50 S.E. 946 (Supreme Court of Georgia, 1905)

Cite This Page — Counsel Stack

Bluebook (online)
48 S.E. 198, 120 Ga. 510, 1904 Ga. LEXIS 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowart-v-state-ga-1904.