Collins v. State
| Decision Date | 17 June 1921 |
| Docket Number | 12200. |
| Citation | 107 S.E. 782,27 Ga.App. 223 |
| Parties | COLLINS v. STATE. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
As a general rule, an error in admitting illegal evidence is cured by subsequently ruling it out. This rule, however, is subject to exception; for where the illegal evidence may have worked such harm or injury to the accused as to render probable that its subsequent withdrawal did not heal the injury inflicted by its improper admission, the error would be sufficient ground for the grant of a new trial. In this case the alleged illegal testimony complained of was withdrawn from the jury; and under the facts of this case, this court is of the opinion that no harm was done the defendant by the admission of this evidence.
The evidence authorized the verdict, and there is no substantial merit in any of the special assignments of error.
Error from Superior Court, Grady County; Jno. R. Wilson, Judge.
Gwin Collins was convicted of an offense, and brings error. Affirmed.
S. P. Cain, of Cairo, for plaintiff in error.
B. C. Gardner, Sol. Gen., and C. E. Crow, both of Camilla, for the State.
Judgment affirmed.
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Loomis v. State
...may be made a good assignment of error. However, a study of the original record on file in the office of Clerk of this Court, in Collins v. State, supra, discloses that a motion for a mistrial was made by for defendant at the time the court ruled out the evidence that had previously been il......
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Loomis v. State, 32209.
...court to disregard it, it is contended the minds of the jurors were probably already prejudiced against the defendant. In Collins v. State, 27 Ga.App. 223, 107 S.E. 782, it is held as follows: "As a general rule, an error in admitting illegal evidence is cured by subsequently ruling it out.......