State v. Phillips

Appellee was convicted of aggravated assault. The Court of Appeals (155 Ga. App. 509 (271 SE2d 656) (1980)) reversed the conviction on the ground that “[t]he record fails to show that . . . [counsel’s] waiver [of appellee’s confrontation rights] was made in the presence of the accused or by his express authority, or that he subsequently acquiesced in such waiver, as required. Wilson v. State, 212 Ga. 73, 78 (90 SE2d 557) (1955). See also Miller v. State, 13 Ga. App. 440, 442 (2) (79 SE 232) (1913).” On certiorari, we reverse.

Appellee’s wife was a witness for the state. At the conclusion of…