Home/Court of Appeals of Georgia/Graham v. State

Graham v. State

308 S.E.2d 413, 168 Ga. App. 23, 1983 Ga. App. LEXIS 3368
CourtCourt of Appeals of Georgia
DecidedSeptember 14, 1983
Docket66702
StatusPublished
Cited by21 cases

This text of 308 S.E.2d 413 (Graham v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Graham v. State, 308 S.E.2d 413, 168 Ga. App. 23, 1983 Ga. App. LEXIS 3368 (Ga. Ct. App. 1983).

Opinions

Banke, Judge.

The appellant was convicted of rape, aggravated assault, aggravated sodomy, and burglary. An expert witness testified concerning the identification of blood samples based on a procedure known as electrophoresis. In his sole enumeration of error, the appellant complains that the trial court erred in allowing the witness to testify concerning the statistical or mathematical probability of certain enzymes being found in the blood of the general population. The witness testified that his statistics were derived from some 2,000 blood samples seen in his lab over a period of time and that his statistics coincided with those provided by other crime laboratories, including that of the Federal Bureau of Investigation. Held:

“The opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses.” OCGA § 24-9-67 (Code Ann. § 38-1710). The testimony complained of was clearly within the area of the witness’ expertise, and the appellant’s objection to it went to its weight rather than its admissibility. See generally Jenkins v. State, 156 Ga. App. 387 (274 SE2d 618) (1980); Breland v. State, 134 Ga. App. 259 (214 SE2d 186) (1975).

Judgment affirmed.

Carley,J., concurs in the majority opinion only. Deen, P. J., concurs specially.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Stanley v. State
657 S.E.2d 305 (Court of Appeals of Georgia, 2008)
State v. Lord
822 P.2d 177 (Washington Supreme Court, 1992)
Pearson v. State
811 P.2d 704 (Wyoming Supreme Court, 1991)
People v. Gistover
472 N.W.2d 27 (Michigan Court of Appeals, 1991)
Commonwealth v. Middleton
550 A.2d 561 (Supreme Court of Pennsylvania, 1988)
Commonwealth v. Gomes
526 N.E.2d 1270 (Massachusetts Supreme Judicial Court, 1988)
Funderburk v. Commonwealth
368 S.E.2d 290 (Court of Appeals of Virginia, 1988)
State v. Adams
418 N.W.2d 618 (South Dakota Supreme Court, 1988)
People v. Reilly
196 Cal. App. 3d 1127 (California Court of Appeal, 1987)
People v. Young
391 N.W.2d 270 (Michigan Supreme Court, 1986)
Shaw v. State
348 S.E.2d 132 (Court of Appeals of Georgia, 1986)
State v. Harris
730 P.2d 859 (Court of Appeals of Arizona, 1986)
People v. Crosby
116 A.D.2d 731 (Appellate Division of the Supreme Court of New York, 1986)
Butler v. State
325 S.E.2d 835 (Court of Appeals of Georgia, 1984)
Stewart v. State
323 S.E.2d 652 (Court of Appeals of Georgia, 1984)
Brooks v. State
318 S.E.2d 785 (Court of Appeals of Georgia, 1984)
Graham v. State
308 S.E.2d 413 (Court of Appeals of Georgia, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
308 S.E.2d 413, 168 Ga. App. 23, 1983 Ga. App. LEXIS 3368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graham-v-state-gactapp-1983.