20 Ga. 156 | Ga. | 1856
By the Court.
delivering the opinion.
The affidavit for a warrant was taken from a form book, as ■ stated, and contains the direct and positive charge of rape. On the next day, when the affiant, Caroline E. Patterson, was examined before the committing Magistrates on the warrant issued against Jess, her testimony was committed to writing; the copy of the written evidence contains no such -charge; and on a further examination before four Magistrates, (and when or why this examination -was taken, does not appear,) she is represented as swearing to an attempt • only. Her testimony on this point is consistent, throughout, when it is taken down as she delivers it, and is only contradicted by an affidavit which the weight of evidence shows •was not read to her, and -which seems not to have been written in accordance with her statements. It was natural enough for her to have denied making an affidavit which contained matter that she knew she had not authorized to be
The first part of this request has already been considered, and the second, as to the witness’ manner of testifying, whatever it may have been, would not warrant a charge of acquittal. It is true, that in making up their verdict, the Jury have a right, and it is their duty, to weigh the whole evidence; and in doing that, to regard the witness’ manner. But the manner is not always a safe criterion for judging of the credit of a witness. Difference of temperament, and habits of life and business, may produce a difference of manner in tbe most bonest and upright witnesses, when put on the stand in a public a.nd crowded court-room. Imperturbable depravity might he able to make there a greater apparent •exhibition of candor and sincerity, than the most scrupulous! but disconcerted integrity.
As flight is not always evidence of guilt, or, at least, in some cases, very slight evidence of it; so, the fact that a person accused of a crime has not fled, is very equivocal evi-' deuce of his innocence.
The Court ought not to have charged the Jury as asked in
It is not the doubt that satisfies, but it is the insufficiency of the evidence, in some of the respects in which it may be proper to consider it, that leaves the mind in such doubt as to render it improper to act upon it. If the mind is wavering, unsettled, cannot be satisfied, from the evidence, whether the crime was committed at all, it would be wrong to -convict. But the Jury ought never to be left to infer or to conjecture that they can create for themselves a doubt and act upon it, for the exculpation of the guilty. A thousand fancies may suggest themselves to skeptical minds, to create unsubstantial doubt — as, that witnesses may not remember accurately, may be mistaken, may swear falsely, &c. &c. &e. Such things are not allowable. Witnesses must be believed, unless they be impeached in some of the modes which the law declares sufficient to throw suspicion on their testimony. If their evidence be in no manner impeached, it is entitled to implicit belief, and the Jury which disregards it incurs the guilt of wilful or reckless error.
It is unnecessary to consider the errors growing out of ex
Eor a witness who makes an affidavit which is untrue, without knowing its contents, and having no reason to know them, is not entitled to credit; but a witness who states. his evidence to the writer of the affidavit, and who swears to its contents when drawn, without reading or hearing it read, is not guilty of perjury, though the facts be not truly set out in the affidavit; for the witness, in such case, has a right to believe that the affidavit was drawn according to his statements. The Court charged, in this case, under the evidence given ; and we think, for reasons already set forth, that there was no error.
It is not alleged in the record that the emphasis and repe