02.150 Impeachment of Witnesses

02.150 Impeachment of Witnesses When witnesses appear and testify, they are presumed to speak the truth unless impeached in some manner provided by law. To impeach a witness means to discredit the witness or prove the witness unworthy of belief. A witness may be impeached a. by disproving the facts about which the witness testifies, b. by proof of contradictory statements previously made by the witness about matters relevant to the testimony and to the case, c. by evidence as to the witness's general bad character, or d. by the conviction of the witness of an offense involving moral turpitude; that is, one contrary to justice, honesty, or good morals. If it is sought to impeach a witness by "b," "c," or "d," proof of the general good character of the witness may also be shown. The effect of the evidence is to be determined by the jury. When a witness is successfully contradicted as to a material matter, the witness's credibility as to other matters shall be a question for the jury. Because believability of witnesses is a matter to be determined by the jury, it is your duty to determine whether the effort to impeach a witness has been successful and whether the witness is to be believed. O.C.G.A. §24-9-82 O.C.G.A. §§24-9-80, 24-9-83, 24-9-84, 24-9-85 Powell v. State, 101 Ga. 9 (1897); cited to note "impeached" following O.C.G.A. §24-9-85 Holloway v. Holloway, 126 Ga. 459 (1906); other annotations under note "moral turpitude" following O.C.G.A. §24-9-84 Hall v. Burpee, 176 Ga. 270, 272 (1933) Black and White Cab Co. v. Cowden, 64 Ga. App. 477 (1941)