14 Ga. App. 246 | Ga. Ct. App. | 1914
As to the first witness, the solicitor-general made the statement that Cox, though present during his interview with the witness Hightower, did not say anything. As we view the various circumstances in the record, it was perhaps not necessary for Cox to say anything. His interest in the conviction of the accused was already known, because the witness was one of those who had already attended the conference of witnesses at Cox’s store, and Cox was more than his employer, because he was the absent landlord’s overseer. Hpon his report to the employer alone depended the standing of this employee. As to the second witness, however, it was not even made to appear that Cox did not talk to the witness. The manner in which the right of either party to insist upon the separation of the witnesses shall be exercised is a matter within the sound discretion of the trial judge. Cases frequently occur in which it is impracticable that there shall be a complete sequestration of the witnesses. In other cases it is in the interest of justice' that one or more persons, even though they be witnesses, be permitted to remain within the court for the purpose of assisting counsel in the conduct of the ease, as well as in speeding the investigation. In any case where it is apparent that the right will be abridged to the manifest prejudice of either party, or even where there is a strong
Judgment reversed.