161 Ga. 305 | Ga. | 1925
Lead Opinion
The petitioner in this case introduced numerous affidavits tending to show that he is not guilty of the crime charged. His own affidavit was also submitted, in which he denies that he is guilty of the offense alleged in the indictment. Many of the affidavits tend strongly to negative the idea that the petitioner committed the crime with which he is charged. Numerous affidavits were introduced by petitioner, supporting in material particulars his contention that he was not guilty of the offense charged, and that the two females who were witnesses for the State were women of bad character; and tending to show that they were willing, at the time that the crime of rape is said to have been committed, to have permitted any one of several men who were present, for a money consideration, to have sexual intercourse with them. If the evidence for petitioner is credible, the women were of bad character and freely jested with the men in the presence of others upon the subject of sexual intercourse, and indicated their readiness to participate with any man present in the act of sexual intercourse. It is unnecessary to set out in detail or in substance the contents of these affidavits. But the judge who presided at the hearing of this application for bail was the judge of the credibility of all the witnesses introduced; and it was within his province, after hearing the evidence, and in the exercise of a legal discretion, to grant or refuse bail. The granting or refusing of bail is a matter within the sound discretion of the court below, and this court will not control that discretion unless it has been flagrantly
The remark of the judge that unless counsel should introduce his client, the applicant for bail, as a witness, he would refuse bail, can not be held as conclusive proof that the judge did not exercise his discretion in passing upon the issues involved in the case. Nor will his judgment be reversed because of his statement to counsel that it was not necessary for them to make an argument at the hearing, in view of the fact that he subsequently offered to vacate the judgment refusing bail and to hear argument upon the entire case.
The questions presented by the record in Case No. 5076 are the same as those in No. 5075, and are controlled by the judgment therein rendered.
Judgments affirmed.
Concurrence Opinion
I concur in all the rulings of law contained in the opinion, but not in every instance in the manner in which they are expressed.