Supreme Court of Georgia, 1899

Skinner v. State

Supreme Court of Georgia · Decided March 14, 1899 · Lumpkin

108 Ga. 747; 32 S.E. 844; 1899 Ga. LEXIS 327

Cases that cite this one

5 later published cases cite this decision.

Great American Indemnity Co. v. Oxford (Ga. Ct. App. 1943)
Peak v. State (Ga. Ct. App. 1908)
Carter v. State (Ga. Ct. App. 1925)
Wood v. State (Ga. Ct. App. 1907)
Phillips v. State (Ga. Ct. App. 1907)

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

Lumpkin, P. J.

1. The rule relating to the distinction between positive and negative evidence does not apply and should not be given in charge to a jury, when there are two witnesses having equal facilities for seeing or hearing the thing about which they testify, and, directly contradicting each other, one of them testifies that it occurred and the other that it did not. Civil Code, § 5165, and cases there cited. See also Killian v. Ga. R. R. Co., 97 Ga. 728; Humphries v. State, 100 Ga. 200.

2.- The charge upon this rule, to which exception is taken in the present case, was unwarranted. Judgment reversed.

All the Justices concurring.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.