Legal Opinion

Spencer v. State

Court of Appeals of Georgia

Decided April 2, 1957No. 36610PublishedCited by 11 opinions

1Opinion of the CourtTownsend, J.

1. Evidence which does not in any reasonable degree tend to establish the probability of the fact in controversy is irrelevant and inadmissible. Alexander v. State, 7 Ga. App. 88 (66 S. E. 274). Where such evidence is admitted, and its effect is prejudicial to the defendant in that it tends to blacken his character and inñame the jury against him, this constitutes reversible error. Hagin v. State, 86 Ga. App. 92 (2) (70 S. E. 2d 795); Harris v. State, 47 Ga. App. 864 (2) (171 S. E. 871). Special grounds 1 and 5 complain of the admission in evidence of certain obscene literature found in the…

2Cases cited3 opinions

  1. Alexander v. StateCourt of Appeals of Georgia · 1909
  2. Hagin v. StateCourt of Appeals of Georgia · 1952
  3. Harris v. StateCourt of Appeals of Georgia · 1933

3Cited by11 opinions

  1. Phillip Coltrane v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  2. Franklin v. StateCourt of Appeals of Georgia · 1975
  3. Wallace v. StateCourt of Appeals of Georgia · 1975
  4. Wilson v. StateCourt of Appeals of Georgia · 1972
  5. Horne v. StateCourt of Appeals of Georgia · 1971

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