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Wiggins v. Henson

Wiggins v. Henson, 68 Ga. 819 (1882)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
February 15, 1882
Judges
Crawford
Citations
68 Ga. 819
Headnotes
The identification by a witness of a person or thing is necessarily a matter of judgment or opinion, and when accompanied with the facts on which it is founded, it is always admissible. 10 Ga., 529; 17 Ib., 134; 59 Ib., 483; Best on Ev., vol. 2, sec. 517, (2); 1 Greenleaf Ev., sec. 440; 13 Jur. R., 542.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Crawford

Text extracted by OCR from a scanned original; check the original for exact wording.

Crawford, Justice.

[In an action of trover for cotton, the plaintiff testified that a bale of cotton was taken from his yard on Sunday night, was carried to the mouth of a lane, two hoops were broken from it and a portion of the cotton was carried away ; that the bale wás easily traced from where it was taken to where it was found ; that the cotton sued for was found in a gin-house ; that the witness believed it was his, because the defendant admitted having carried it to the gin-house on Monday morning; because, it was wet, *820 nappy, had stains of mud and manure upon it; all of which corresponded with the condition of the bale from which plaintiff’s cotton was taken; also, because the weight of the cotton agreed with the number of pounds missed from the bale, and because the cotton was in layers. The admissibility of this testimony to identify the cotton was the point in contest.]

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 11940: 11945: 11975: 11978: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Harris v. State12 S.E.2d 64 (Ga. 1940)
  2. Shepherd v. State214 S.E.2d 535 (Ga. 1975)
  3. Randall v. State36 S.E.2d 450 (Ga. Ct. App. 1945)
  4. Cowans v. State244 S.E.2d 624 (Ga. Ct. App. 1978)
  5. State v. Holesapple97 S.E. 647 (W. Va. 1918)

Most recent

  1. Cowans v. State244 S.E.2d 624 (Ga. Ct. App. 1978)
  2. Shepherd v. State214 S.E.2d 535 (Ga. 1975)
  3. Randall v. State36 S.E.2d 450 (Ga. Ct. App. 1945)
  4. Harris v. State12 S.E.2d 64 (Ga. 1940)
  5. State v. Holesapple97 S.E. 647 (W. Va. 1918)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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