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McDuffie v. State

101 S.E. 812, 24 Ga. App. 653, 1920 Ga. App. LEXIS 432
CourtCourt of Appeals of Georgia
DecidedJanuary 6, 1920
Docket10989
StatusPublished
Cited by2 cases

This text of 101 S.E. 812 (McDuffie 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
McDuffie v. State, 101 S.E. 812, 24 Ga. App. 653, 1920 Ga. App. LEXIS 432 (Ga. Ct. App. 1920).

Opinion

Luke, J.

Where section 5751 of the Civil Code of 1910, as to the relative weight of positive and negative testimony, is applicable, it is error for the court to give that section in charge to the jury without further instructing them, in the same connection, that in weighing such testimony they should take into consideration the credibility of the witnesses. See Georgia Ry. & Power Co. v. Pounds, 20 Ga. App. 201 (92 S. E. 1026), and eases cited. Under this ruling and the facts of the case, a new'trial is required.

Judgment reversed.

Broyles, O. J., and Bloodworth, J., concur.

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Related

Carter v. State
129 S.E. 10 (Court of Appeals of Georgia, 1925)
Overstreet v. State
129 S.E. 11 (Court of Appeals of Georgia, 1925)

Cite This Page — Counsel Stack

Bluebook (online)
101 S.E. 812, 24 Ga. App. 653, 1920 Ga. App. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcduffie-v-state-gactapp-1920.