Frazier v. City of Atlanta

Court of Appeals of Georgia

Frazier v. City of Atlanta

80 S.E. 209, 14 Ga. App. 109, 1913 Ga. App. LEXIS 432

CourtCourt of Appeals of Georgia

DecidedDecember 9, 1913

Docket5274

StatusPublished

This text of 80 S.E. 209 (Frazier 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.

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Frazier v. City of Atlanta, 80 S.E. 209, 14 Ga. App. 109, 1913 Ga. App. LEXIS 432 (Ga. Ct. App. 1913).

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Opinion

Pottle, J.

1. The defendant in a criminal case can not be sworn as a witness, even by his own consent. He may make an unsworn statement, and may, if he sees proper to do so, answer any questions propounded to him on cross-examination. Penal Code, § 1036. This statute is applicable to trials in a municipal court for violations of ordinances of the city. Williams v. Hazlehurst, 11 Ga. App. 194 (74 S. E. 1039).

2. Where one on trial for the violation of a municipal ordinance did not object to being cross-examined by a policeman who instituted the prosecution, and answered the questions thus propounded to him, without in . any way claiming his right not to be cross-examined, he will not be allowed to complain for the first time in the reviewing court that he was subjected to cross-examination without his consent.

Judgment affirmed.

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Pottle, J.

1. The defendant in a criminal case can not be sworn as a witness, even by his own consent. He may make an unsworn statement, and may, if he sees proper to do so, answer any questions propounded to him on cross-examination. Penal Code, § 1036. This statute is applicable to trials in a municipal court for violations of ordinances of the city. Williams v. Hazlehurst, 11 Ga. App. 194 (74 S. E. 1039).

2. Where one on trial for the violation of a municipal ordinance did not object to being cross-examined by a policeman who instituted the prosecution, and answered the questions thus propounded to him, without in . any way claiming his right not to be cross-examined, he will not be allowed to complain for the first time in the reviewing court that he was subjected to cross-examination without his consent.

Judgment affirmed.

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Bluebook (online)

80 S.E. 209, 14 Ga. App. 109, 1913 Ga. App. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/frazier-v-city-of-atlanta-gactapp-1913.

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