Sabo v. Futch

• Decision Date: 08 May 1970
• Docket Number: No. 25746,25746
• Citation: Sabo v. Futch, 175 S.E.2d 16, 226 Ga. 352 (Ga. 1970)
• Parties: James SABO v. Jewell FUTCH, Sheriff.
• Court: Georgia Supreme Court

Page 16

175 S.E.2d 16

226 Ga. 352

James SABO v. Jewell FUTCH, Sheriff.

No. 25746.

Supreme Court of Georgia.

May 8, 1970.

George T. Talley, Valdosta, Blackwell, Walker & Gray, W. L. Blackwell, Jr., Miami, Fla., for appellant.

George A. Horkan, Jr., Dist. Atty., Moultrie, for appellee.

Syllabus Opinion by the Court

FELTON, Justice.

1. Testimony concerning information acquired solely through books and records kept by a third person is inadmissible, as hearsay. Owsley & Son v. Woolhopter 14 Ga. 124(3); Knox Metal Products, Inc. v. Watson, 100 Ga.App. 832, 834, 112 S.E.2d 295 and cit.; Maryfield Plantation v. Harris Gin Co., 116 Ga.App. 744, 747, 159 S.E.2d 125 and cit.

2. Where, in a case in which the evidence on the main and controlling issue is close and conflicting, hearsay testimony is erroneously admitted as having probative value, and which could have been considered by the trior of fact and have influenced the verdict or judgment, the error is hurtful, entitling the defendant, against whom the verdict or judgment was rendered, to a new trial. Central of Ga. R. Co. v. Ross, 107 Ga. 73(2), 32 S.E. 904; First Nat. Bank of Sparta v. City of Sparta, 154 Ga. 25(3), 114 S.E. 221; Knox Metal Products, Inc. v. Watson, supra, 100 Ga.App. p. 835, 112 S.E.2d 295.

3. Accordingly, in this habeas corpus case, where the main and controlling issue was whether or not the petitioner was in the State of Louisiana on the date of his alleged offense there, so as to be subject to extradition to that State, the evidence on this issue was close and conflicting, and the only direct evidence opposing the petitioner's testimony that he was not in Louisiana on said date was the vague, ambiguous and contradictory testimony of a witness whose credibility was attacked by evidence that her testimony might have been given for the purpose of obtaining leniency for...