Walker v. State

Court of Appeals of Georgia

Walker v. State

94 S.E. 60, 21 Ga. App. 193, 1917 Ga. App. LEXIS 519

CourtCourt of Appeals of Georgia

DecidedNovember 1, 1917

Docket9103

StatusPublished

This text of 94 S.E. 60 (Walker 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

Walker v. State, 94 S.E. 60, 21 Ga. App. 193, 1917 Ga. App. LEXIS 519 (Ga. Ct. App. 1917).

Pincite

Opinion

Bloodwokth, J.

1. When considered in connection with the entire charge of the court, there was no error prejudicial to the defendant in the following instruction: “The defendant is allowed to make a statement. The statement is not evidence, strictly speaking. The law leaves to the jury the right to accept his statement, and to accept it in preference to the sworn testimony, if the jury believes it to .be the truth of the transaction.”

2. There was no error harmful to the defendant in the following instruction: “The fact that a man has a pistol on his person, or the fact that he used a pistol, ordinarily is evidence against him; but I charge you that the fact the defendant had a pistol is not evidence against him, unless the evidence shows that he carried the pistol for the specific purpose of using it against the deceased.”

3. There was evidence sufficient to support the verdict.

Judgment affirmed.

Broyles, F. J., and Harwell, J., concur.

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