Simmons v. State

Court of Appeals of Georgia

Simmons v. State

71 S.E. 876, 9 Ga. App. 552, 1911 Ga. App. LEXIS 223

CourtCourt of Appeals of Georgia

DecidedJuly 25, 1911

Docket3121

StatusPublished

Cited by1 cases

This text of 71 S.E. 876 (Simmons 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.

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Simmons v. State, 71 S.E. 876, 9 Ga. App. 552, 1911 Ga. App. LEXIS 223 (Ga. Ct. App. 1911).

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Opinion

Russell, J.

1. It is not error for the court to charge the jury that, “when a witness has been attacked for the purpose of impeachment, you are to determine, under certain rules of law governing such . cases, whether the witness has been impeached, and what credit you will give to the witness.” This instruction does not tend to intimate that an unsuccessful effort has been made to impeach, nor does it authorize the jury to exclude from their consideration the necessity for corroboration in connection with the testimony of the witness sought to be impeached.

2. The effort to impeach does not always result in impeachment. A witness whom it is sought to impeach may be believed by the jury; and 1 the credibility of testimony is so peculiarly a jury question that this .court can not set aside a verdict merely because it rests upon the testimony of such a witness.

3. No material error of law appears. Judgment affirmed.

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Russell, J.

1. It is not error for the court to charge the jury that, “when a witness has been attacked for the purpose of impeachment, you are to determine, under certain rules of law governing such . cases, whether the witness has been impeached, and what credit you will give to the witness.” This instruction does not tend to intimate that an unsuccessful effort has been made to impeach, nor does it authorize the jury to exclude from their consideration the necessity for corroboration in connection with the testimony of the witness sought to be impeached.

2. The effort to impeach does not always result in impeachment. A witness whom it is sought to impeach may be believed by the jury; and 1 the credibility of testimony is so peculiarly a jury question that this .court can not set aside a verdict merely because it rests upon the testimony of such a witness.

3. No material error of law appears. Judgment affirmed.

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Bluebook (online)

71 S.E. 876, 9 Ga. App. 552, 1911 Ga. App. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-gactapp-1911.

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