[PW] Georgia Laws in 1913? solved, almost

[John P. Dyson]

Quoting AllenAmet at aol.com:

>   When I located an additional item, Article 38, Sec 415-416, I assumed it
> was from the same year's Code. But I now understand that it is from the 1933
> version of the GA Code.


Allen, the following is from _The Code of Georgia of 1933_ (Atlanta:
The Harrison Company, 1935):

Under Title 38 --EVIDENCE

38-415 (1036 P. C.) Prisoner's statement; oath; weight;
cross-examination. -- In all criminal trials, the prisoner shall have
the right to make to the court and jury such statement in the case as
he may deem proper in his defense. It shall not be under oath, and
shall have such force only as the jury may think right to give it. They
may believe it in preference to the sworn testimony in the case. The
prisoner shall not be compelled to answer any questions on
cross-examination, should he think proper to decline to answer. (Acts
1868, p. 24; 1874, pp. 22, 23; 1878-9, p. 53.)

   Cross-reference. --All legal evidence shall be heard, see § 27-405

The cross-reference is at Title 27 --CRIMINAL PROCEDURE as follows:

27-405 (935 P. C.) Evidence. -- The court shall hear all legal evidence
submitted by either party, and shall always permit the defendant to
make his own statement of the transaction (not under oath) if he
desires to do so. The weight to be given to such statement shall be
entirely in the discretion and sound judgment of the court. Whenever
such statement is made, it shall be the duty of the court to reduce it
to writing, and return it with the other papers to the proper court in
the event of a commitment.

   Cross-reference. --Prisoner's statement to jury, see § 38-415

Returning to Title 38:

38-416. (1037 P. C.) Person not competent or compellable to testify
against self. --No person, who shall be charged in any criminal
proceeding with the commission of any indictable offense or any offense
punishable on summary conviction, shall be competent or compellable to
give evidence for or against himself. (Acts 1866, pp. 138, 139.)


Regards,

John Dyson