Andrews v. State, 43 S.E. 852 (Ga. 1903). · Go Syfert
Andrews v. State, 43 S.E. 852 (Ga. 1903). Cases Citing This Book View Copy Cite
136 citation events across 2 distinct courts.
Strongest positive: Johnson v. State (gactapp, 1998-06-19)
Treatment trajectory · 1908 → 2026 · click a year to view as-of
1908 1967 2026
Top citers, strongest first. 15 distinct citers.
discussed Cited as authority (rule) Johnson v. State
Ga. Ct. App. · 1998 · confidence medium
It will not be sufficient for him to say, T object,’ or T object because the evidence is not competent’ or ‘is inadmissible.’ The attention of the [trial] court must be called to the specific ground of objection at the time the evidence is offered, and a failure [to do so] will be considered as a waiver.” (Punctuation omitted.) Perkins v. Edwards, 228 Ga. 470, 473 (4) ( 186 SE2d 109 ) (1971), quoting from Andrews v. State, 118 Ga. 1, 3 ( 43 SE 852 ) (1903); King v. State, 151 Ga. App. 762 ( 261 SE2d 485 ) (1979).
cited Cited as authority (rule) Smith v. State
Ga. · 1975 · confidence medium
Code § 38-1704; Andrews v. State, 118 Ga. 1, 4 ( 43 SE 852 ).
cited Cited as authority (rule) Henderson v. State
Ga. · 1975 · confidence medium
Andrews v. State, 118 Ga. 1, 3 ( 43 SE 852 ).
discussed Cited as authority (rule) Jordon v. State
Ga. · 1974 · confidence medium
Andrews v. State, 118 Ga. 1, 3 ( 43 SE 852 ); Warrick v. State, 125 Ga. 133, 141 ( 53 SE 1027 ); Smithwick v. State, 199 Ga. 292, 295 (1) ( 34 SE2d 28 ); Black v. State, 230 Ga. 614 (3) ( 198 SE2d 314 ).
discussed Cited as authority (rule) Perkins v. Edwards
Ga. · 1971 · confidence medium
In Legg v. Legg, 165 Ga. 314 ( 140 SE 868 ), it was held that an objection was too general where it merely recited that the testimony was "clearly improper and inadmissible.” In Andrews v. State, 118 Ga. 1, 3 ( 43 SE 852 ), it was held: "In a sense all evidence is prima facie admissible, and the burden is upon the objecting party to state at the time some reason why it should not be admitted.
discussed Cited as authority (rule) Cameron v. State (2×)
Ga. Ct. App. · 1941 · confidence medium
Andrews v. State, 118 Ga. 1, 4 ( 43 S. E. 852 ); City of Brunswick v. Glogaur, 158 Ga. 792 (6), 818 ( 124 S. E. 787 ).
cited Cited as authority (rule) Cook v. State
Ga. Ct. App. · 1930 · confidence medium
See Garrett v. State, 21 Ga. App. 801 (2) ( 95 S. E. 301 ); Andrews v. State, 118 Ga. 1, 5 ( 43 S. E. 852 ).
cited Cited as authority (rule) White v. Knapp
Ga. Ct. App. · 1923 · confidence medium
“It must not be forgotten that the law has regard for the right of witnesses as well as those of parties litigant.” Andrews v. State, 118 Ga. 1, 4 ( 43 S. E. 852 ); Civil Code (1910), §§ 4554, 5870.
cited Cited as authority (rule) Vernon v. State
Ga. · 1917 · confidence medium
Andrews v. State, 118 Ga. 1, 3 ( 43 S. E. 852 ).
discussed Cited "see" MacOn-bibb County Board of Tax Assessors v. J. C. Penney Co. (2×)
Ga. Ct. App. · 1999 · signal: accord · confidence high
Accord Andrews v. State, 118 Ga. 1 , hn. 1 ( 43 SE 852 ) (failure to object treated as waiver, preventing the court, on a motion for new trial, from inquiring into the competency of evidence). (b) “All property shall be returned for taxation at its fair market value.” OCGA § 48-5-6.
discussed Cited "see" Taylor v. Marsh (2×)
Ga. Ct. App. · 1963 · signal: see · confidence high
See Andrews v. State, 118 Ga. 1 ( 43 SE 852 ); White v. Knapp, 31 Ga. App. 344 ( 120 SE 796 ).
discussed Cited "see" Clay v. State (2×)
Ga. Ct. App. · 1956 · signal: see · confidence high
See in this connection Andrews v. State, 118 Ga. 1, 4 ( 43 S. E. 852 ).
discussed Cited "see" Haynes v. Phillips (2×)
Ga. Ct. App. · 1942 · signal: see · confidence high
See Andrews v. State, 118 Ga. 1, 3 ( 43 S. E. 852 ).
discussed Cited "see" Edwards v. Griner (2×)
Ga. Ct. App. · 1930 · signal: see · confidence high
See, in this connection, Andrews v. State, 118 Ga. 1 (2) ( 43 S. E. 852 ); Warrick v. State, 125 Ga. 133 (6) ( 53 S. E. 1027 ).
discussed Cited "see" Georgia Railroad v. Daniel (2×)
Ga. · 1910 · signal: see · confidence high
See Andrews v. State, 118 Ga. 1 ( 43 S. E. 852 ), and cases there cited.
ANDREWS
v.
State
Supreme Court of Georgia.
Apr 6, 1903.
43 S.E. 852
O. D. Loud and J. B. Geiger, for plaintiff in error., John C. Bart, attorney-general, John F. DeLacy, solicitor-general, and Graham, & Graham, contra.
Lamar.
Cited by 69 opinions  |  Published
Lamar, .1.

A party offering evidence is not required in the first instance to show that it is competent; for all evidence is admitted[*3] .as of course, unless a valid ground of objection is interposed by the opposite party, or by the court of its own motion to prevent the introduction of needless or irrelevant testimony. In a sense all evidence is prima facie admissible, and the burden is upon the objecting party to state at the time some reason why it should not be admitted. It will not be sufficient for him to say, “ I object,” 05, “ I object because the evidence is not competent” or “ is inadmissible.” The attention of the court must be called to the specific ground of objection at the time the evidence is offered, and a failure so to do will be considered as a waiver. The fourth, fifth, and sixth grounds of the motion for new trial assign as error that the court allowed certain evidence “ over the objection of the defendant.” It does not appear what the objection was, nor that the ground thereof was urged at the time the evidence was admitted. An unbroken line of decisions of this court hold that such an assignment of error can not be considered. Meeks v. Lofley, 99 Ga. 170 (2); Jackson v. Jackson, 47 Ga. 99; Sleed v. Cruise, 70 Ga. 176; Goodtitle v. Roe, 20 Ga. 140 (4); Christian v. State, 86 Ga. 430; Harris v. Lumber Co., 97 Ga. 465.

The character for violence both of the deceased and accused had been put in issue. The court properly refused to allow the defendant to prove specific acts of violence on the part of the deceased towards his wife. Ordinarily even the general character of the parties is inadmissible, and their conduct in other transactions is especially irrelevant. Civil Code, § 5159. In a trial for murder the general character of the deceased for turbulence and violence may be shown, but specific acts are inadmissible. Pound v. State, 43 Ga. 128; Doyal v. State, 70 Ga. 147; Thornton v. State, 107 Ga. 687. On the same principle the general character of a witness for truth may be shown for the purpose of impeachment, but specific acts can not be made the subject of inquiry (Civil Code, §5293), and for the reason that every man is supposed to be able at a moment’s notice to establish his general character for truthfulness or for peaceableness; but the best, as well as the worst, might often be unable to explain a single transaction requiring the presence, not of any one familiar with him, but only the eye-witnesses of that special transaction, in order to justify, explain, or excuse. The general character of the deceased for turbulence or violence can be shown by his neighbors generally; the State and the accused alike[*4] are put on notice that- such general character may become an issue in the trial. But no one was bound to anticipate that the specific instance inquired about would be made the subject of investigation. A specific act does not necessarily tend to establish one’s general character. The single transaction may have been exceptional, unusual, and not characteristic of the deceased. Where a witness has testified that one bears the character of being peaceable, it may sometimes be proper, on cross-examination, to inquire if the witness has not heard that the man whom he says was peaceable had in a particular case acted in a manner directly contrary to such reputation. Ozburn v. State, 87 Ga. 180. But this line of questioning is intended solely to test the truthfulness of the witness, and not for the purpose of making an investigation of the other transactions. To allow proof of specific acts of violence would prolong the trial, multiply issues, and confuse the jury.

A witness for the State, having testified that she had previously sworn in the case, was asked by defendant’s counsel, “Did you. swear then as you have now ?” and it is alleged that the court erred in making the following remark: “ I do not think you can ask her that question.” While in the case of Griffin v. Henderson, 117 Ga. 382, it was suggested that the rule requiring counsel to state what the expected answer would be did not apply in cross-examination, it was not held that the motion for a new trial should not in some way indicate wherein the party had been injured by the exclusion of the answer, even in cross-examination. It does not appear from this assignment of error, as in Mitchell v. State, 71 Ga. 157, that defendant’s counsel insisted that it was a proper question, or that he expected to show that the testimony previously given was the same or different from that which the witness had just sworn, or that the interruption was an interference with the right of cross-examination. The interference of the court seems to have been entirely proper and in accordance with the rule laid down in the Civil Code, §5292, requiring that the attention of the witness should be-specifically called to the alleged contradictory statement; for it must not be forgotten that the law has regard to the rights of the witness as well as those of the parties litigant. Civil Code, § 5281.

Error is assigned because the court refused “ to charge on locus poénitentise” or the effect of the prisoner’s declining further-combat. There was no special request to charge on the subject. It[*5] is doubtful if the defendant’s statement warranted the charge; but even if it had, where a theory depends solely upon the statement of the defendant, the court’s failure to submit the same could not be considered as reason for granting a new trial. The general charge did, however, fully and fairly cover the issues raised by the evidence as well as by the statement of the defendant. The charge_ on the subject of the effect of the character of the deceased for violence was not erroneous. The case was fairly submitted^ to the jury. There was ample evidence to sustain the verdict, and the court properly refused to grant a new trial.

Judgment affirmed.

By five Justices.