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138 Ga. 825

Williams v. State

Supreme Court of Georgia

Decided November 13, 1912

Supreme Court of Georgia · decided 1912-11-13

<p>Indictment for murder. Before Judge Charlton. Chatham superior court. August 30, 1912.</p>

Relies on Dixon v. State · Knox v. State · Boston v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1912-11-13

How this case has been cited

Cited by 6 later decisions — most recently November 1939

6 state decisions

30191219201930decided

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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Evans, P. J.

¶11. “It is not a matter of right for the accused to make a second statement to the court and jury because the State has introduced additional evidence which strengthens the case against him.” Boston v. State, 94 Ga. 590 (21 S. E. 603); Knox v. State, 112 Ga. 373 (37 S. E. 416). Whether he should be allowed to supplement his first statement with another is discretionary with the trial court. Dixon v. State, 116 Ga. 186 (42 S. E. 357). In this case the court did not abuse his discretion in refusing to allow the defendant to make a second statement.

¶22. Certain illegal testimony was received in evidence over objection. Subsequently it was ruled out and the jury was instructed specifically not ■ to consider it. The character of the evidence was not such as to affect the impartiality of the trial. It was not error to refuse a new trial on the complaint that this circumstance constituted prejudicial error.

¶33. The alleged newly discovered evidence is simply impeaching in character, and not calculated to produce a different result should a new trial be granted.

¶44. The evidence is sufficient to uphold the verdict, which has been approved by the trial judge.

¶5Judgment affirmed.

All the Justices concur.
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