157 Ga. 233 | Ga. | 1924
1. The defendant was convicted of the murder of Will Gibbons. The evidence for the State was substantially as follows: On March 10, 1912, the defendant and his brother, Peter Campbell, riding in separate buggies, drove up and stopped in front of the dwelling of Sis Gibbs. The deceased was sitting to the right of the fireplace, next to the door, and leaning back against the wall. Sam Gibbons was standing on the other side of the fireplace. Peter Campbell asked Phil Pool for a drink of water, and Pool told him to come and get it. The defendant' then got out of his buggy and came into the house. He had his hands in his overcoat pockets. The water was in the kitchen. When the defendant came in, he walked as though he was going into the kitchen
2. Phil Pool was sworn as a witness for the defendant. Under his evidence the jury was authorized to find that the defendant killed the deceased in self-defense. For the purpose of impeaching this witness, the court permitted the State to introduce in evidence a written statement, in the shape of an affidavit, purporting to have been made by this witness in the State of Ohio, and to have been sworn to and subscribed by him before a notary public of that State, in which the witness stated that he was not at the scene of the homicide, but two blocks away when he heard five shots, that when he arrived he found the defendant and Jim Gibbons in the yard, that the .defendant was getting ready to leave, and that upon entering the house he found the body of
Judgment affirmed.