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201 Ga. 81

Post v. State

Supreme Court of Georgia

Decided July 5, 1946

Supreme Court of Georgia · decided 1946-07-05

Relies on Clifton v. State · Keener v. State · Pulliam v. State

Decided 1946-07-05

Bell, Chief Justice.

¶1The general grounds of the motion for new trial having been expressly abandoned, the only questions for decision are those presented by the two special grounds complaining that the right of cross-examination was infringed.

¶2While the right to a cross-examination, thorough and sifting, shall belong to every party as to the witnesses called against him (Code, § 38-1705), yet the scope of the cross-examination rests ■largely within the discretion of the trial judge, to control this right within reasonable bounds, and his discretion will not be controlled by a reviewing court unless it is abused. Clifton v. State, 187 Ga. 502 (4), 508 (2 S. E. 2d, 102); Pulliam v. State, 196 Ga. 782 (2-4) (28 S. E. 2d, 139).

¶3The first question was objectionable as calling for a conclusion. Keener v. State, 18 Ga. 194 (3), 218 (63 Am. D. 269); Hawkins v. State, 25 Ga. 207 (71 Am. D. 166); Gardner v. State, 90 Ga. 310 (4) (17 S. E. 86, 35 Am. St. R. 202); Mayor &c. of Milledgeville v. Wood, 114 Ga. 370 (2) (40 S. E. 239); Barron v. Chamblee, 199 Ga. 591 (1) (34 S. E. 2d, 828). See also City of La-Grange v. Pound's, 50 Ga. App. 219, 223 (6) (177 S. E. 762).

¶4The second question not only called for a conclusion, but was argumentative. Code, § 38-1704; 70 C. J. 508, § 676. Accordingly, it does not appear in either ground that the right of cross-examination was unreasonably abridged. Echols v. State, 153 Ga. 857 (2) (113 S. E. 170); Clifton v. State. 187 Ga. 502 (4), 508 (supra); Pulliam v. State, 196 Ga. 782 (2-4), (supra).

¶5The court did not err in refusing a new trial.

¶6 Judgment affirmed.

All the Justices concur.
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