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57 Ga. App. 187

Scott v. State

Court of Appeals of Georgia

Decided January 7, 1938

Court of Appeals of Georgia · decided 1938-01-07

Key passage — most relied on by later courts

“Where counsel on the cross-examination of a witness takes a chance by propounding a dangerous question, he will not be heard to object to the answer, no matter how prejudicial it may be, if the answer is a direct and pertinent response to the question.”

quoted by 1 later decision, including 85 Ga. App. 200 - Guy F. Atkinson Co. v. Fimian

Good law ✅— No negative treatment on recordhow we know

Decided 1938-01-07

How this case has been cited

Cited by 11 later decisions — most recently November 2006

11 state decisions

3019381940195019601970198019902000decided

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.

View the full empirical analysis of this case →

Broyles, 0. J.

¶11. The' ground of the motion for new trial complaining of the admission of certain testimony of a witness for the State is without merit, since the ground discloses that the testimony was elicited from the witness (presumably, on cross-examination) by counsel for the movant. Where counsel on the cross-examination of a witness takes a chance by propounding a dangerous question, he will not be heard to object to the answer, no matter how prejudicial it may be, if the answer is a direct and pertinent response to the question. 1

¶22. After the introduction of evidence and the conclusion of arguments by counsel for both parties, it is within the sound discretion of the court to reopen the case and allow the introduction of additional evidence and further argument by counsel; and this discretion, unless manifestly abused, will not be controlled by the reviewing court. In this case no such abuse of discretion appears.

¶33. The defendant was convicted of selling whisky, and of keeping whisky at his place of business. The verdict was authorized by the evidence, and the court did not err in overruling the motion for new trial.

¶4Judgment affirmed.

MacIntyre and Querry, JJ., concur.
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