Phillips v. State

I respectfully dissent. On two occasions this court, in a full bench decision, has ruled that when a defendant’s evidence tended to show bad character, his “good” character was not in issue so as to authorize rebuttal evidence of bad character by the State. Carroll v. State, 143 Ga. App. 796, 798 (2(b)) (240 SE2d 197) (1977); Starling v. State, 168 Ga. App. 680 (310 SE2d 234) (1983). With the exception of Holloway v. State, 164 Ga. App. 589, 590 (2) (298 SE2d 296) (1982), this court has consistently followed the rule set forth in Carroll, supra. Lester v. State, 145 Ga. App. 847, 849 (3) (244…