2 Ga. App. 383 | Ga. Ct. App. | 1907
1. It is never necessary or proper for a court, during the trial of a case and in the hearing of the jury empaneled therein, to relieve itself by reference -to the right of the Supreme Court to reverse its rulings to which respectful objection is being made, and by suggesting that counsel try the remedy. In a case stubbornly contested and close and doubtful, to intercept, cut off, and prevent a question from being asked a witness by defendant’s counsel, with the remark, “I may be
2. “The fact that a defendant in a criminal ease may take up his case to the Supreme Court is no reason why he should not have meted out to him, by the court and jury, the full measure of his legal rights.” Hodges v. State, 15 Ga. 118.
3. The right of a defendant to test the consistency or improbability of a-witness’s story, as well as his interest or feeling in the case, by cross-examination thorough and sifting, is secured to every party as to witnesses called against him. Civil Code, § 3864. And a material abridgement or denial of this right is ground for a new trial. A. & B. Ry v. McManus, 1 Ga. App. 302, 58 S. E. 258. Judgment reversed.