12 Ga. App. 133 | Ga. Ct. App. | 1913
Lead Opinion
The accused was convicted of assault with intent to murder, and assigns error upon the refusal of the trial judge to set aside this verdict, and grant a new trial. There is no contention
The accused had already introduced evidence as to his good character, and therefore presented an issue which made this testimony evidence in rebuttal, so far as that phase of the case was concerned. As was held in Knox v. State, 112 Ga. 373 (37 S. E. 416), refusal to allow the defendant in a criminal case to make a second statement is not cause for a new trial, even where the State introduces additional evidence strengthening its ease, after the accused has made his statement. In the Knox case a witness testified, after the defendant made his statement, that the accused had admitted to her that he killed the deceased. In the King case, 99 Ga. 54 (25 S. E. 613), it was held that one accused of crime may make his statement at any stage of the trial before the case is finally closed. " As the statute gives the accused no right to make more than one statement, whether he should be allowed to supplement it with another is a matter of discretion with the trial court. Long v. State, 88 Ga. 732 (16 S. E. 64); Sharp v. State, 111 Ga. 176 (36 S. E. 633); Cochran v. State, 113 Ga. 741 (39 S. E. 337); Dixon v. State, 116 Ga. 186 (42 S. E. 357), and other cases. In Sharp v. State, supra, the Supreme Court held that it would not interfere with the discretion of the trial judge in refusing to allow a supplemental statement, though the State did not introduce testimony after he had finished his statement. And in that case the Supreme Court said, “If this court should ever, in any case, undertake to say that a judge had in such a matter abused his discretion, it would certainly have to be an extreme one.” See, also, Miliken v. State, 8 Ga. App. 478. Judgment affirmed.
Concurrence Opinion
concurring. I think the evidence demanded the verdict, and that the judge should not have charged the law of stabbing.
Dissenting Opinion
I dissent, because I think the law of stabbing was involved, and that it was error to so charge as to exclude that offense from the consideration of the jury.