49 Ga. App. 187 | Ga. Ct. App. | 1934
Ernest Yernon was tried at the superior court of Paulding county, during the regular November term, 1933, of said court, under an indictment charging him with the sale of intoxicating liquors. Evidence was submitted by both the State and the defendant, and the jury rendered a verdict of guilty. The defendant’s motion for a new trial was overruled, and to this ruling he excepts.
It appears from the evidence that the main point at issue between the State and the defendant was whether the alleged crime occurred in Paulding county, in which the defendant was indicted and tried, or in Cobb county. As to the commission of the crime the State produced only one witness, Mr. Kemp. It appears that counsel for the defendant was, during the year 1932, solicitor-general of the Blue Eidge circuit, and was employed by and represented the defendant in 1933 in Paulding county, after his term of office expired. Upon cross-examination, counsel for the defendant propounded the following question to Mr. Kemp: “When you came to Marietta- to see me sometime in January, 1932, about getting the whisky in question from Ernest Yernon, didn’t you tell me that
In State v. Van Buskirk, supra, it was held that the relation of attorney and client did not exist between a witness before the grand jury and the prosecuting officer, and therefore the prosecuting attorney is not precluded from testifying to statements made by a witness before the grand jury in the presence of the prosecuting attorney. In Riggins v. State, 125 Md. 165 (93 Atl. 437, Ann. Cas. 1916E, 1117), cited in 9 A. L. R. 1111, it was held that where, in
Judgment reversed.