Skinner v. State

Supreme Court of Georgia

Skinner v. State

32 S.E. 844, 108 Ga. 747, 1899 Ga. LEXIS 327

Supreme Court of Georgia·Decided March 14, 1899·Published·Cited by 5 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

32 S.E. 844 (Skinner v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related