88 Ga. App. 791 | Ga. Ct. App. | 1953
The plaintiff in error, A. E. Ammons (whom we shall call the defendant), was convicted in the Chattooga City Court of selling whisky on March 13, 1951. He filed a motion for new trial on the gen
In Griffin v. State, 18 Ga. App. 462 (2) (89 S. E. 537) this court said: “Each party to a cause has the right to make a thorough and sifting cross-examination of any witness called against him, . . . and great latitude should be allowed by the court where the purpose of the interrogation is to impeach or discredit the witness by showing his bias and interest in the case.” See Long v. State, 205 Ga. 257 (53 S. E. 2d 365). There is no disagreement with counsel for the defendant as to the soundness of the law in the Code section and in the decisions cited. We differ with counsel to this extent, however, that the assignments of error in the special grounds do not set out facts to warrant the application of the principle of the Code section nor the decisions cited. Irrelevant matter should be excluded. See Code § 38-201. Code § 38-1704, cited by counsel for the State, reads: “It shall be the right of a witness to be examined only as to relevant matter; and to be protected from improper questions and from harsh or insulting demeanor.” In this connection see Cohen v. Saffer, 43 Ga. App. 746 (160 S. E. 130) and
The exclusion of immaterial questions, where there is no attempt to show that the facts sought to be developed are connected with the case even remotely, is not error. Stevens v. State, 49 Ga. App. 248 (2) (174 S. E. 718). Let us inquire as to each specific question to which the court refused to require an answer, in order to discuss whether or not there was error in so refusing. As to question number 1 the evidence discloses that the witness H. T. Gaines had been employed to investigate certain liquor violations, and that he came from Jasper, Alabama, to Summerville, where he had stayed for some time investigating this case. As to the first question, “When you got over here, what was the first thing you did?”—it does not appear that this question was relevant at the time, nor was there any attempt to show that the facts sought to be developed were connected in any way with the issue of whether or not the defendant sold the witness any whisky.
Regarding question number 2, “Where have you been for the last three or four days?”-—it appears from the evidence that the trial was held on March 13, 1951, and that the alleged selling of the whisky to the witness was on February 15, 1951. Just how could what the witness Gaines had been doing for “the last three or four days” prior to the trial have had any connection with whether the witness had bought whisky from the defendant in February?
As to question 3, “Did you buy any liquor from Russell Barnes?”—we do not see how this question could have any bearing on whether or not witness bought whisky from the defendant.
As to question 4, “You know gaming is against the law?”—it is manifest by a casual reference to this question that under no circumstances could the offense of gaming have had any connection whatsoever with the offense with which this defendant was charged, i. e., the selling of whisky.
It does not appear that any of these questions was asked for the purpose of impeachment. If so, there was no proper foundation made. In our opinion the court was correct in ruling that they were immaterial and not related in any way to the issue being tried, to wit, whether the defendant was guilty of selling whisky.
Judgment affirmed.