22 Ga. 499 | Ga. | 1857
By the Court.
delivering the opinion.
There was a new trial moved for, in this case, on ten grounds. In the motion all the exceptions to the rulings and decisions of the Court during the progress of the trial, are embraced. The Court overruled the motion and this decision is excepted to, and our judgment on that exception will dispose of the several errors assigned.
1. Did Thomasson that evening ask you for the loan of money?
2. Did you give him any ?
3. Did he take money out of your pocket book by your consent?
An examination of this sort is sometimes admissible. 1. Greenleaf §435. Very great discretion must necessarily be left to the presiding Judge, in the examination of witnesses, and unless he use this discretion in violation of a principle of law, we cannot control him. 4. Wend, 247. The questions in this case were intended to contradict a.witness introduced for the purpose mentioned, and not to inculpate the prisoner. It was to re-affirm what the witness had already
We think that the law, the evidence and the preponderance of evidence sustain the verdict.
Judgment affirmed.