State v. Mincey
Court of Appeals of Georgia
1Opinion of the Court
Quillian, Presiding Judge.
The State appeals the grant of a motion to suppress certain evidence seized under a search warrant. Held:
1. The trial judge sustained defendant’s objection to the admission of photostatic copies of the search warrant and supporting affidavit on the ground that the copies were not the highest and best evidence.
“Photostatic copies are ordinarily secondary evidence, which may not be admitted over objection without properly accounting for the original.” Cox v. State, 93 Ga. App. 533, 535 (92 SE2d 260). Accord, Garrett v. State, 156 Ga. App. 33 (2) (274 SE2d 80). As…
2Cases cited14 opinions
- Gee v. StateSupreme Court of Georgia · 1969
- Bell v. StateCourt of Appeals of Georgia · 1973
- DePalma v. StateSupreme Court of Georgia · 1971
- Nationwide Mutual Fire Insurance v. RheeCourt of Appeals of Georgia · 1981
- Cain v. StateCourt of Appeals of Georgia · 1966
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3Cited by6 opinions
- All Risk Insurance Agency, Inc. v. Southern Bell Telephone & Telegraph Co.Court of Appeals of Georgia · 1987
- Baez v. StateCourt of Appeals of Georgia · 1992
- Johnson v. StateCourt of Appeals of Georgia · 1998
- Grant v. StateCourt of Appeals of Georgia · 1991
- Hendrix v. StateCourt of Appeals of Georgia · 1988
1 more not listed; retrieve them via the Exa API.