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Skinner v. State

32 S.E. 844, 108 Ga. 747, 1899 Ga. LEXIS 327
CourtSupreme Court of Georgia
DecidedMarch 14, 1899
StatusPublished
Cited by5 cases

This text of 32 S.E. 844 (Skinner 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
Skinner v. State, 32 S.E. 844, 108 Ga. 747, 1899 Ga. LEXIS 327 (Ga. 1899).

Opinion

Lumpkin, P. J.

1. The rule relating to the distinction between positive and negative evidence does not apply and should not be given in charge to a jury, when there are two witnesses having equal facilities for seeing or hearing the thing about which they testify, and, directly contradicting each other, one of them testifies that it occurred and the other that it did not. Civil Code, § 5165, and cases there cited. See also Killian v. Ga. R. R. Co., 97 Ga. 728; Humphries v. State, 100 Ga. 200.

2.- The charge upon this rule, to which exception is taken in the present case, was unwarranted. Judgment reversed.

All the Justices concurring.

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Carter v. State
129 S.E. 10 (Court of Appeals of Georgia, 1925)
Peak v. State
62 S.E. 665 (Court of Appeals of Georgia, 1908)
Wood v. State
58 S.E. 271 (Court of Appeals of Georgia, 1907)
Phillips v. State
57 S.E. 1079 (Court of Appeals of Georgia, 1907)

Cite This Page — Counsel Stack

Bluebook (online)
32 S.E. 844, 108 Ga. 747, 1899 Ga. LEXIS 327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/skinner-v-state-ga-1899.