Staggers v. State

I dissent from Division 2 of the opinion and would reverse for the reason that this case falls squarely within Cox v. State, 165 Ga. 145 (139 SE 861), where the Supreme Court held in an almost identical factual situation that evidence of similar acts with an elder sister was not an exception to the general rule and was erroneously admitted. The Cox case has been cited with approval many times, and relied upon in the leading case of Bacon v. State, 209 Ga. 261 (71 SE2d 615). The Cox case was merely distinguished upon its facts in Barkley v. State, 190 Ga. 641, 642 (10 SE2d 32), cited in the…