Legal Opinion · Concurrence

Bailey v. State

Court of Appeals of Georgia

Decided February 5, 1993No. A92A2123Published

1ConcurrencePope, Chief Judge

I agree that the evidence of the independent offense in this case was harmless error but for a reason different than that relied upon in the majority opinion. For an independent offense to be admissible, the evidence must show “a sufficient connection or similarity between *285the independent offense or act and the crime charged so that proof of the former tends to prove the latter.” (Emphasis supplied.) Williams v. State, 261 Ga. 640, 642 (2) (b) (409 SE2d 649) (1991). “The test of admissibility of evidence of other criminal acts by the defendant is not the number of similarities between the two…

2Cases cited5 opinions

  1. Williams v. StateSupreme Court of Georgia · 1991
  2. Johnson v. StateSupreme Court of Georgia · 1990
  3. Tucker v. StateSupreme Court of Georgia · 1982
  4. Smith v. StateCourt of Appeals of Georgia · 1992
  5. Armfield v. StateSupreme Court of Georgia · 1989

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