14 Ga. App. 109

5274.

Frazier v. City of Atlanta.

Decided December 9, 1913.

Certiorari; from Fulton superior court — Judge Bell. September 17, 1913.

Watt Kelly, for plaintiff in error.

J. L. Mayson, W. D. Ellis Jr., contra.

Pottle, J.

1. The defendant in a criminal case can not be sworn as a witness, even by his own consent. He may make an unsworn statement, and may, if he sees proper to do so, answer any questions propounded to him on cross-examination. Penal Code, § 1036. This statute is applicable to trials in a municipal court for violations of ordinances of the city. Williams v. Hazlehurst, 11 Ga. App. 194 (74 S. E. 1039).

2. Where one on trial for the violation of a municipal ordinance did not object to being cross-examined by a policeman who instituted the prosecution, and answered the questions thus propounded to him, without in . any way claiming his right not to be cross-examined, he will not be allowed to complain for the first time in the reviewing court that he was subjected to cross-examination without his consent.

Judgment affirmed.

Frazier v. City of Atlanta
14 Ga. App. 109

Case Details

Name
Frazier v. City of Atlanta
Decision Date
Dec 9, 1913
Citations

14 Ga. App. 109

Jurisdiction
Georgia

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