History
  • No items yet
midpage
Wheeler v. State
148 Ga. 508
Ga.
1918
Check Treatment
Gilbert, J.

1. “A woman, sworn as a witness to prove a rape alleged to have been committed upon her, may be impeached by proof of bad repute as to lewdness, but not by evidence of specific acts of unchastity.” Black v. State, 119 Ga. 746 (47 S. E. 370); Gossett v. State, 123 Ga. 431, 441 (51 S. E. 394). “Nor can she be interrogated as to a criminal connection with any other person, except as to her previous intercourse with the prisoner himself; nor is such evidence of other instances admissible. ” Black v. State, supra. If she does so testify her replies will not render admissible the irrelevant testimony first above mentioned.

2. The court did not err in instructing the jury as follows: “The law does not require that before you find the defendant guilty you must find to a mathematical certainty. Moral and reasonable certainty is all that the law requires.” McNaughton v. State; 136 Ga. 600, 612 ( 71 S. E. 1038); Penal Code, § 1012.

3. The evidence authorized the verdict.

■Judgment affirmed.

All the Justices concur. Clifford Walker, attorney-general, B. C. Norman, solicitor-general, and M. C. Bennet, contra.

Case Details

Case Name: Wheeler v. State
Court Name: Supreme Court of Georgia
Date Published: Oct 17, 1918
Citation: 148 Ga. 508
Docket Number: No. 1018
Court Abbreviation: Ga.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.