Hardeman v. State

Court of Appeals of Georgia

Hardeman v. State

139 S.E. 132, 37 Ga. App. 165, 1927 Ga. App. LEXIS 555

CourtCourt of Appeals of Georgia

DecidedJuly 26, 1927

Docket18285

StatusPublished

This text of 139 S.E. 132 (Hardeman v. State) 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

Hardeman v. State, 139 S.E. 132, 37 Ga. App. 165, 1927 Ga. App. LEXIS 555 (Ga. Ct. App. 1927).

Pincite

Opinion

Broyles, C. J.

In a criminal case where upon the trial the defendant makes a statement to the jury which is in direct conflict with the evidence for the State, and where the statement, if believed by the jury, would demand an acquittal, it is reversible error for the judge, even in the absence of a written request, to fail to instruct the jury that they may believe the statement in preference to the sworn testimony in the case. Bullard v. State, 31 Ga. App. 559 (121 S. E. 130), and eit.

Under the above-stated ruling and the facts of the instant case, the court erred in its charge to the jury and in refusing to grant a new trial.

Judgment reversed.

Luke and Bloodworih, JJ., concur.

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