Miller v. State

Undercofler, Justice.

This is the second appearance of this case here. See Miller v. State, 224 Ga. 627 (163 SE2d 730), where a new trial was granted on the issue of punishment only. This appeal is from the sentence of death entered upon such retrial. Held:

1. The appellant complains of the admission of testimony by the prosecutrix and the family physician relating to the physical health and subsequent death of the prosecutrix’s mother after the alleged rape. The objection was on the ground that such testimony was prejudicial and had no probative value. The appellant contends that the purpose…