Georgia Reports Volume 149 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...of the clerk of the Supreme Court until June 4, 1919. It was then docketed with the cases of the March term, 1919. The clerk of_ the superior court, in transmitting the record, certified that it had not been sent up in time, because the bill of exceptions, when filed in his oflice by his deputy, was mislaid by the latter, the clerk himself at the time being engaged "with the local exemption board." The writ of error was certified by the presiding judge on February 8, 1918, and was made returnable "to the next term of the Supreme Court." If the writ had been transmitted within the time prescribed by law it would have been returned to the March term, 1918, of the Supreme Court. It was not filed in the Supreme Court in time for the March term, 1918, or the succeeding October term, 1918. Held, that the motion to dismiss the writ of error must be sustained. Civil Code, 6167, 6185; Em-nhart V. Atlanta cents6c. R. Co., 133 Ga. 59 (65 S. E. 138). Writ of error dismissed. Al' the Justices concur. No. I470. Ocrossn 15, 1919. Writ of error; from Appling. Motion to dismiss. W. W. Bennett, for plaintiffs in error. Padgett rfi Watson, contra. Lauosns v. THE STATE. Fran, C. J. I. The only error alleged to have been committed upon the trial is in the following instruction to the jury: "When a witness has been successfully impeached by any of the legal methods, that is, where his unworthiness of credit is absolutely established in the minds of the jury, he ought not to be believed, and it is the duty of the jury to disregard his cntire tcstiinony, unless it is corroborated, in 'hich case you may believe the witness; it being, as a matter of course nlways for the jury to determine whether:1 witness has bee