Smith v. State

When this case was formerly here for review (Smith v. State, 14 Ga. App. 610, 81 S. E. 817) the judgment of the lower court was reversed because certain physical objects referred to in the testimony for the purpose of identification, but not formally tendered in evidence for the purpose of having their admissibility passed upon by the court, were sent out with the jury, to be used by them as evidence in the consideration of the case, without any waiver on the part of counsel for the defendant. In the opinion the court said: “We are the more inclined to award another trial in the present…