McDuffie v. State
Cases that cite this one
2 later published cases cite this decision.
- Carter v. State (Ga. Ct. App. 1925)
- Overstreet v. State (Ga. Ct. App. 1925)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Where section 5751 of the Civil Code of 1910, as to the relative weight of positive and negative testimony, is applicable, it is error for the court to give that section in charge to the jury without further instructing them, in the same connection, that in weighing such testimony they should take into consideration the credibility of the witnesses. See Georgia Ry. & Power Co. v. Pounds, 20 Ga. App. 201 (92 S. E. 1026), and eases cited. Under this ruling and the facts of the case, a new'trial is required.
Judgment reversed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.