Livingston v. State

If, as former Chief Justice Roger J. Traynor of the California Supreme Court has said, “errors are the insects in the world of law . . .,” where such errors are harmful, appellate courts must be the exterminators. Although it is a bit embarrassing to extinguish a fire of your own making, it is appropriate to do so when one is wiser today than yesterday. Accordingly, we should bid adieu to Staton v. State, 219 Ga. App. 316 (464 SE2d 888) (1995).

After further consideration of Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995), I concur with the majority’s opinion but write separately…