Georgia Court of Appeals, 1911

Rivers v. State

Rivers v. State
Georgia Court of Appeals · Decided January 31, 1911 · Powell
8 Ga. App. 694; 70 S.E. 47; 1911 Ga. App. LEXIS 106

Rivers v. State

Opinion of the Court

Powell, J.

In a criminal case, where the accused has exercised his statutory right to make a statement and the statement is contradictory of the testimony of the State’s witness, it is the duty of the trial judge, even in the absence of written request, to instruct the jury that they have the right to believe' the' statement in preference to the sworn testimony. Burns v. State, 89 Ga. 528 (15 S. E. 748); Doster v. State, 93 Ga. 43 (4), (18 S. E. 997); Fields v. State, 2 Ga. App. 41 (4), 46 (58 S. E. 327). Judgment reversed.

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