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121 Ga. 358

Phillips v. State

Supreme Court of Georgia

Decided December 9, 1904

Supreme Court of Georgia · decided 1904-12-09

<p>Indictment for murder. Before Judge Freeman. Coweta superior court. September 26, 1-904.</p>

Relies on McWhorter v. State · Anderson v. State · Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1904-12-09

How this case has been cited

Cited by 16 later decisions — most recently December 1978

16 state decisions

4019041910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Simmons,.C. J.

¶11. Failure of the trial judge to charge the jury upon the subject of the impeachment of witnesses, in the absence of a proper request, is not cause for a new trial. Boynton v. State, 115 Ga. 587; Anderson v. State, 117 Ga. 255.

¶22. Under the evidence as disclosed by the record, the charge of the judge on the subject of drunkenness of the accused was as favorable as he had any right to expect.

¶33. When the witnesses have been put under the rule and one of them disobeys the order of the court and remains in tho court-room while the other wit*359nesses testify, he is not thereby disqualified as a witness. Civil Code, §5280; McWhorter v. State, 118 Ga. 55 (6). The fact that he has heard the evidence may go to his credit or subject him to proceedings for contempt, but does not disqualify him.

Submitted November 22, — Decided December 9, 1904. Indictment for murder. Before Judge Freeman. Coweta superior court. September 26, 1-904. A. II. Freeman, for plaintiff in error. John O'. Hart, attorney-general, H. A. Hall, solicitor-general, and W. I. Stallings, contra.

¶44. This court will not consider a ground of a motion for a new trial complaining of the admission of evidence, when the ground of objection to such evidence is not stated.

¶55. There was no error in failing to charge upon the subject of involuntary manslaughter.

¶66. The evidence,fully authorized the verdict, and there was no abuse of discretion in refusing a new trial.

¶7 Judgment affirmed.

All the Justices concur.
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