Sloan v. State

In the recent case of Davis v. State, 115 Ga. App. 338, supra, we followed the manifest intent of the Supreme Court in Bacon v. State, 209 Ga. 261, supra. We should have followed it in this case.

The majority opinion states that Davis “contains obiter which misconstrues Bacon.” This criticism is hardly justified in light of the fact that we quoted the exact words of the headnote in Bacon and a quote from the body of the opinion, concluding that earlier decisions which tended to liberalize the exception to the general rule are of doubtful value as precedents. This conclusion seems fully…