Wash v. State
Wash v. State
Opinion of the Court
The indictment charges Marvin Wash with abandoning his child. He was found guilty, and his exception is to the overruling of his motion for a new trial.
1. In charging upon the defendant’s statement the judge said: “He is not circumscribed or bound by the rules of evidence. In other words, he can make any kind of statement he wants to. He can state things that have connection with the case on trial, or relevant to the case on trial, or he may make a statement about matters and things that have no relevancy to the trial at all.” Section 1036 of the Penal Code (1910) reads: “In criminal trials the prisoner shall have the right to make to the court and jury such statement in the case as he may deem proper in his defense. It shall not be under oath, and shall have such force only as the jury may think right to give it. They may believe it in preference to the sworn testimony in the case. The prisoner shall not be compelled to answer any questions on cross-examination, should he think proper to decline to answer.” In Stevens v. State, 8 Ga. App. 217 (2) (68 S. E. 874), it was held that it was not reversible error for the judge, after instructing the jury in the language of the foregoing code section, to add: “But 3rou are not underany obligation to do so or not to do so. The law simply gives you the power to do so, if you believe it is the truth.” However, in immediate
In the case at bar the defense was contained in the statement of the accused. In the writer’s opinion, the judge’s charge was
2. The 6th, 13th, and 14th special grounds of the motion for a new trial allege that the court erred in refusing to permit the defendant to prove by Mrs. Wash, the mother of the child alleged to have been abandoned and a witness for the State, that he was not the father of the child, and to prove by other witnesses that he was not present at the time of conception of the child, and that Mrs. Wash, the mother of the child alleged to have been abandoned and a witness for the State, had stated at various times and places that the defendant was not the father of the child. We think the evidence referred to in these grounds was admissible for the purpose of impeaching the prosecutrix, the mother of the child and a witness for the State; and its rejection deprived the defendant of his right to a thorough and sifting cross-examination, and requires another trial of the case.
Some of the numerous special grounds of the motion for a new trial are not in proper form for consideration, and we discern no reversible error in the others. Since the case will likely be for trial again, we have purposely refrained from discussing the evidence.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.