Wesley v. State
| Decision Date | 09 January 1969 |
| Docket Number | 24984. |
| Citation | 165 S.E.2d 719,225 Ga. 22 |
| Parties | WESLEY v. THE STATE. |
| Court | Georgia Supreme Court |
Jerry W. Brimberry, R. Edgar Campbell, for appellant.
Robert W. Reynolds, Solicitor General, Arthur K. Bolton, Attorney General, Marion O. Gordon, Assistant Attorney General, Wm. R. Childers, Jr., Deputy Assistant Attorney General, for appellee.
1. The alleged injured female testified that the accused had sexual intercourse with her over a period of two years. But to sustain a conviction, this testimony must be corroborated. Code §§ 26-1303, 26-1304. This requirement was met. The female's letter to her aunt asking her to come and take her away because the defendant was, as therein described, molesting her, and the fact that the accused was the only male in the house where he was living with the victim's mother were corroborating facts and circumstances sufficient to convict. Rivers v. State, 179 Ga. 782 (177 SE 564); Wright v. State, 184 Ga. 62 (190 SE 663); Reed v. State, 201 Ga. 789 (41 SE2d 426).
2. But the evidence is weak, and the slightest prejudicial evidence might easily have unduly influenced the jury in convicting. The medical doctor who gave the child a vaginal examination testified that, based on the laboratory report as well as his physical examination, it was his opinion that she had had sexual intercourse, yet he also testified on cross examination, that he found her perfectly normal and on recall stated he could not say without the laboratory report that she had had sexual intercourse. The purpose of Code Ann. § 38-711 (Ga L. 1952, p. 177) in allowing in evidence the regular routine business records was not to allow the conclusions of anyone, despite the resolution offered in the General Assembly, Ga. L. 1958, pp. 542, 543, declaring the intent and purpose of the law to be to give a liberal and broad interpretation to the section in order to simplify the trial of cases, and it certainly was not intended that such conclusions stand without opportunity to cross examine the maker. In this instance, the laboratory report that certain fluids sent for examination contained sperm cells is definitely the diagnosis of the person signing the report with the initials "M.D." following his signature. Despite the pressures of courts, they must never be in such a hurry that they cannot allow a person to test legitimately evidence that is offered against him. At the very point where courts allow themselves to be stampeded by propaganda into accepting untested and unreliable evidence, liberty dies. Doubtless this doctor concluded that he saw human sperm, but if he had been subjected to cross examination it is possible that he would have modified his opinion or else shown conclusively that he was right. The other doctor testified...
To continue reading
Request your trial
-
Brown v. State
...laid, but when it includes hearsay statements, opinion evidence, and conclusions, it is not generally admissible. See Wesley v. State, 225 Ga. 22(2), 165 S.E.2d 719 [(1969)]; Calhoun v. Chappell, 117 Ga.App. 865(2a), 162 S.E.2d 300 Pickett v. State, 123 Ga.App. 1, 2(2), 179 S.E.2d 303 (1970......
-
Insurance Co. of North America v. Allgood Elec. Co., Inc., s. A97A1386
... ... Insurance Company of North America, the prime contractor's surety on a state-owned construction project, appeals from the denial of its j.n.o.v. motion awarding a second-tier electrical subcontractor, Allgood Electric Company, ... See Wesley v ... Page 735 ... State, 225 Ga. 22, 23(2), 165 S.E.2d 719; Knudsen v. Duffee-Freeman, Inc., 95 Ga.App. 872, 875(2), 879-881, 99 S.E.2d 370 ... ...
-
Schluter v. Perrie, Buker, Stagg & Jones
...an account of judgment which, when embraced in a business memorandum, is not admissible under OCGA § 24-3-14. See Wesley v. State, 225 Ga. 22, 23(2), 165 S.E.2d 719; Knudsen v. Duffee-Freeman, Inc., 95 Ga. App. 872, 875(2), 879-881, 99 S.E.2d 370. I, therefore, believe that Georgia's Busine......
-
Emmett v. State
...a whole was not allowed in evidence. Hearsay evidence which is a part of business records, is not admissible in evidence. Wesley v. State, 225 Ga. 22(2), 165 S.E.2d 719; Martin v. Baldwin, 215 Ga. 293, 110 S.E.2d 344; Calhoun v. Chappell, 117 Ga.App. 865(2), 162 S.E.2d This contention of th......