Woodall v. State

Court of Appeals of Georgia

Woodall v. State

187 S.E. 671, 54 Ga. App. 283, 1936 Ga. App. LEXIS 540

CourtCourt of Appeals of Georgia

DecidedSeptember 25, 1936

Docket25895

StatusPublished

This text of 187 S.E. 671 (Woodall 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

Woodall v. State, 187 S.E. 671, 54 Ga. App. 283, 1936 Ga. App. LEXIS 540 (Ga. Ct. App. 1936).

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Opinion

Broyles, C. J.

1. Before contradictory statements can be proved against a witness for the purpose of impeaching him (unless they are written statements made under oath in connection with some judicial proceeding), “the time, place, person, and circumstances attending the former statement shall be called to his mind with as much certainty as possible.” Code, § 38-1803. Under that rule of law and the facts of the instant ease, the court erred in admitting, over the timely objection of counsel for the defendant, the testimony set out and complained of in the defendant’s motion for new trial.

2. The remaining special ground of the motion is without merit; and the general grounds are not passed on.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Broyles, C. J.

1. Before contradictory statements can be proved against a witness for the purpose of impeaching him (unless they are written statements made under oath in connection with some judicial proceeding), “the time, place, person, and circumstances attending the former statement shall be called to his mind with as much certainty as possible.” Code, § 38-1803. Under that rule of law and the facts of the instant ease, the court erred in admitting, over the timely objection of counsel for the defendant, the testimony set out and complained of in the defendant’s motion for new trial.

2. The remaining special ground of the motion is without merit; and the general grounds are not passed on.

Judgment reversed.

MacIntyre and Guerry, JJ., concur.

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Bluebook (online)

187 S.E. 671, 54 Ga. App. 283, 1936 Ga. App. LEXIS 540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodall-v-state-gactapp-1936.