Cook v. State
Cook v. State
Dissenting Opinion
dissenting. It is clear that a new trial should, not be granted in this case on the ground that the court erred in refusing to continue the case on account of the absence of the witness Paulk, by whom the defendant, on his motion for continuance, alleged that he expected to prove that the female alleged to have been outraged made the statement to this witness that she had not been outraged by the defendant. This evidence would only have been admissible in the event this woman had been sworn as a witness for the State, and, after her attention had been called to the time, place, and circumstances, she had denied making this statement to this witness. It could only be used for the purpose of impeaching the witness, and could not be used to establish the fact contained in the contradictory statement. Columbus Railroad Co. v. Peddy, 120 Ga. 589 (2) (48 S. E. 149). In the first special ground of the motion for new trial the defendant says “that the alleged victim did swear positively that no rape had been committed upon her by” him; and this statement seems to be borne out by the record. This testimony of the female, given when, she was sworn by the State to make out its case, was substantive evidence of the fact therein stated, and was of much greater weight than
Opinion of the Court
1. On the call of a criminal case for trial where the defendant was charged with the offense of rape, the defendant made a motion for a continuance, which was overruled. The defendant was
2. No ruling will be made with reference to other grounds of the motion to continue, or with reference to the grounds of the motion for a new trial.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.