Barrett v. State

I concur in Divs. 1, 3, 4 and 5 of the majority opinion and in the affirmance of appellant’s conviction for the malice murder of his wife. I cannot, however, concur in Div. 2 of the majority opinion which addresses the admission of evidence of appellant’s “prior difficulties” with the victim. At trial, appellant objected to the admission of this evidence on the procedural ground that the State had not complied with Uniform Superior Court Rules 31.1 and 31.3. The trial court, relying on Rainwater v. State, 256 Ga; 271, 272 (1) (347 SE2d 586) (1986) and Towns v. State, 260 Ga. 423, 424 (2) (396…