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51 Ga. App. 438

Land v. State

Court of Appeals of Georgia

Decided June 21, 1935

Court of Appeals of Georgia · decided 1935-06-21

Cited by 1 later decisions — most recently September 1976

1 state decisions

Relies on 10 Ga. App. 50 - Brown v. State · Rice v. City of Eatonton · 10 Ga. App. 469 - Solomon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1935-06-21

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Beoyles, C. J.

¶11. "The whole question of the credibility of witnesses is wisely left to the jury under any and all circumstances; and though Ananias and Sapphire spoke again, the law would not strike them dead, but would leave their testimony to be weighed and accepted or rejected by the jury.” Brown v. State, 10 Ga. App. 50 (72 S. E. 537); Rice v. Eatonton, 15 Ga. App. 505 (83 S. E. 868).

¶22. The defendant was charged with the offense of involuntary manslaughter, in that while under the influence of intoxicating liquors he drove an automobile truck upon the Dixie Highway against an automobile in which Mrs. G. 0. McKinsey was then and there riding, thereby, but without any intention to do so, wounding and killing the said Mrs. McKinsey. The jury convicted the accused of the offense charged, and his motion for a 'new trial, containing the general grounds only, was overruled. The verdict was authorized by the testimony of the only eye-witness to the collision; and though his testimony on several material points was contradicted by other witnesses for the State (no witness being introduced for the defense), the jury had the right to believe him, even though his testimony was not corroborated by any other witness. Solomon v. State, 10 Ga. App. 469 (73 S. E. 623); Rice v. Eatonton, supra.

¶33. The court did not err in overruling the motion for a new trial.

¶4Judgment affirmed.

MacIntyre and Guerry, JJ., concur.
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