Kines v. State

1. The Code, § 38-1707, providing that “A witness may refresh and assist his memory by the use of any written instrument or . memorandum, provided he finally shall spealc. from his recollection thus refreshed, or shall be willing to swear positively from the paper,” prescribes a rule of admissibility of the testimony, and not that of determination of its probative value. Scott v. Gidelight Manufacturing Co., 37 Ga. App. 240 (3) (139 S. E. 686). In the absence of a timely objection to the admissibility of the, testimony in question, complained of as being “read” from the memorandum of the…