97 Ga. 180 | Ga. | 1895
This case was before this court at the October term, 1894, when a new trial was granted for reasons then stated in the synopsis of the points decided. 95 Ga. 477. IJpon a second trial, the accused was again convicted and sentenced to be executed, and the case comes here once more for review.
We think the charge complained of was intended merely to instruct the jury, in effect, that where an effort had been made to impeach a witness by proof of general bad character, they were not absolutely bound to wholly disregard the testimony of that witness; and we are satisfied the jury must have understood this to be the meaning of the judge, and accordingly, must have received the idea that they were left free to pass upon the question whether or not the effort at impeachment had been successful. Indeed, in other portions of the charge, the court gave to the jury the following explicit instructions: “Whether any witness in this case has been impeached, and, if so, how far impeached; if impeached, how far that-witness has been sustained (if sustained at all) by corroborating circumstances or credible evidence, are all questions for you, and you alone, to determine.” “Whether any witness has been impeached or not, is for you to decide.” And again: “After all, gentlemen, it comes back to the broad proposition that the jury are the sole judges of the facts and the degree of credence to be given each witness.”
It is certainly possible for even a corrupt witness to tell the truth. Indeed, one may be convicted of a felony involving moral turpitude upon the testimony of an accomplice, if that testimony is corroborated by other evidence connecting the accused with the perpetration of the of-fence. That is to say, the testimony of the accomplice, though confessedly a corrupt person, may, in the opinion of the jury, count for something in arriving at the
After the final decision of this case by the Supreme Court, the Governor of the State, in view of the doubts expressed in the foregoing opinion, and of other facts-brought to his attention, the tendency of which was to throw still greater doubt upon the character and credibility of the prosecutrix, granted to the accused a full’, pardon and ordered his discharge from custody.