Martin v. State
Court of Appeals of Georgia
Conviction of assault with intent to rape; from Richmond superior court —■ Judge Henry C. Hammond. December 18, 1930. The ground referred to in the first divison of the decision was that “the court, upon motion of defendant’s counsel, refused to rule out the following testimony of Beatrice White, the prosecutrix: [set out]. Said evidence was prejudicial to the defendant, in that it tended to show that he was seeking a compromise, conscious of his guilt;” it was hearsay, and…
Read the full summary
Conviction of assault with intent to rape; from Richmond superior court —■ Judge Henry C. Hammond. December 18, 1930. The ground referred to in the first divison of the decision was that “the court, upon motion of defendant’s counsel, refused to rule out the following testimony of Beatrice White, the prosecutrix: [set out]. Said evidence was prejudicial to the defendant, in that it tended to show that he was seeking a compromise, conscious of his guilt;” it was hearsay, and it impaired defendant’s right to have a fair, legal trial.
1Opinion of the CourtBloodworth, J.
1. “ All evidence is admitted as of course, unless a valid ground of objection is interposed, the burden being on the objecting party to state at the time some specific reason why it should not be admitted. A failure to make such objection will be treated as a waiver, and prevent the court, on a motion for a new trial, from inquiring as to the competency of the evidence.” Andrews v. State, 118 Ga. 1 (43 S. E. 852). “It is a well established rule of practice that a ground of a motion for new trial based upon the admission of evidence should state the objection made to the evidence, and that…
2Cases cited6 opinions
- Andrews v. StateSupreme Court of Georgia · 1903
- Harrison v. StateCourt of Appeals of Georgia · 1917
- City of Rome v. McWilliamsSupreme Court of Georgia · 1916
- Atlantic Coast Line Railroad v. Stovall-Pace Co.Court of Appeals of Georgia · 1919
- Pittman v. StateCourt of Appeals of Georgia · 1918
1 more not listed; retrieve them via the Exa API.