Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18
Case Now VIII be Car
ried to the Supreme
Court of the United
States as Last Resort.
Continued From Page 2.

sutton for a particular crime, evi-
dence which in any manner shows, or
tends to show. that the accused has
committed another crime, even though
1t be a crime of the same sort, Is r.
relevant and inadmisslpie. The sun
stance of this general rule was in
corporated in our first Civil Code, q s
follows:
"The general character OF the par
ties, and especially their conduct. In
other transactions are irrelevant mat
tiers unless the nature of the action
renders proper the investigation OF
such conduct"
The dissenting justices also in up
holding this contention, cited Under
hill on criminal evidence. as follows:
''The large majority Of persons OF
average intelligence are unframed In
logical methods OF thinking, and are
therefore prone to draw illogical and
incorrect differences and conclusions
without adequate foundation From
such persons jurors are selected. They
will very naturally believe that a per-
son is guilty of n crime with which
he is charged If it is proved to their
satisfaction that he has committed an
offense of an equally heinous crime.
general rule TO forbid the introduce
tion OF evidence to show that the de-
PENDANT has committed such other
crimes"
This general rule. in our opinion. is
well taken
Question Conley's Competence.
Because CoEley testified that, in
statement made TO him by the de-
PENDANT in connection with the homi-
IL .
course, you know l amt built like
other men" was it competent for the
witness to testify directly and in de-
tail as to specific acts of lascivlous-
ness constituting generally what is
usually classed as sexual offenses"
on the part of the defendant with
other women. and with their consent,
at indefinite times, within period of
some two years on former occasions.
We think not. II is well settled
that witness should not be permit
ted to give his understanding of
words and phrases, and even where
he has heard the language he should
not be permitted TO give his under
standing as 20 the speakers meaning
Vol 4, Enc. Ey, pages 7-12.
1T Is not permissible for witness
who testifies to a conversation be-
tween himself and another to state to
whom such other person referred.
when, in such conversation, he used
the pronoun them the opinion OF the
witness on this question not being
competent evidence. "-McCray VS.
State. 1874, pages Ale.
"Quoting from another opinion:
State VS. Wright. 41st La, wherein
il was held:
Can't Explain Words Meaning.
Ii is not competent for witness to
explain the meaning of words used
by another person whose conVersa-
. tion he has recited to the jury.
The same rule has been applied in
the matter of dying declarations to
the effect that 'if witness under
takes TO give the exact words of the
declaration, 1t is for the jury to judge
of their import, and a witness can
not be asked as to what the declar-
ance meant"
Suppose a defendant on trial for
murder in conversation with a wit
ness relating to such offense had stat
ed: "You know / am a bad man"
Would ii be competent for a person
to whom such a declaration was
made TO testify directly and in detail
to every violent and unlawful act in
the past life of the defendant or
within several prior years. about
which he knew the witness had knowl-
edge, and which, in the opinion OF the
witness, showed the defendant to be
a bad man where there was no logi-
cal connection between such acts and