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8 Ga. App. 694

Rivers v. State

Court of Appeals of Georgia

Decided January 31, 1911

Court of Appeals of Georgia · decided 1911-01-31

<p>Accusation for carrying concealed weapon; from city court of Dublin — Judge Hawkins. October 10, 1910.</p>

Relies on Burns v. State · Fields v. State · Doster v. State

Decided 1911-01-31

Powell, J.

¶1In a criminal case, where the accused has exercised his statutory right to make a statement and the statement is contradictory of the testimony of the State’s witness, it is the duty of the trial judge, even in the absence of written request, to instruct the jury that they have the right to believe' the' statement in preference to the sworn testimony. Burns v. State, 89 Ga. 528 (15 S. E. 748); Doster v. State, 93 Ga. 43 (4), (18 S. E. 997); Fields v. State, 2 Ga. App. 41 (4), 46 (58 S. E. 327). Judgment reversed.

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