Luck v. State

Overruling Blackmon v. State, 158 Ga. App. 665 (281 SE2d 634) (1981) has my complete approval. This was my position in Madigan v. State, 160 Ga. App. 656, 658 (288 SE2d 34) (1981) in stating: “In my opinion, we should clarify the status of Blackmon, supra, that is, to the extent that it conflicts with Tanner, supra, it will not be followed.” In the Blackmon case, as in the instant case, there appears no independent evidence other than and separate from the scientific report or oral testimony relating thereto as to the issue under consideration.

This situation sharply differs from where…