Legal Opinion · Concurrence

Postell v. State

Court of Appeals of Georgia

Decided June 2, 1997No. A97A0558Published

1ConcurrenceBeasley, Judge

I concur in the judgment but point out that this case is distinguishable from Hargrove v. State, 188 Ga. App. 336, 337 (4) (373 SE2d 44) (1988), relied upon by appellant.

Defendant in that case was also in conversation with a law enforcement officer about potential drug procurement. This Court deemed it to be inadmissible, as violative of OCGA § 24-9-20, because it “concern(ed) prospective drug activity. It was not alleged that an overt act was taken in furtherance of the conversation” and thus it “did not constitute evidence of a similar crime or transaction.” Id. at 338. Although the…

2Cases cited1 opinion

  1. Hargrove v. StateCourt of Appeals of Georgia · 1988

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