114 Ga. 266 | Ga. | 1901
The grand jury of Early county indicted R. W. Alexander for the murder of George W. Cherry. The accused was-found guilty of voluntary manslaughter, and brings up for review a judgment overruling his motion for a new trial. This motion contains numerous grounds, but none of them save two, with which we shall specifically deal, discloses the commission-of any material error or presents for the consideration of this court any new or important question of law.
It was insisted by counsel for the State that the judge did not mean to say he had no doubt that all of Jordan’s testimony was true, but merely that he had told the truth with respect to his knowledge of the steelyard pea. The phrase, “you have told the truth about this matter,” was comprehensive enough to include all the witness had said concerning the homicide; but grant that the words, “this matter,” should have been understood as referring only to the steelyard pea, the language of the judge was still highly objectionable, because the issue with respect to the steelyard pea was a matter of vital importance in the case.
It would not be proper to close this discussion without stating that, .taking into view all which occurred, the motive of the judge was to render the accused the important service of enabling his counsel to bring out the whole, truth of the case. This, however., does not do away with the error which his honor committed, or relieve this court of the necessity of correcting it.
Judgment reversed.