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Harris v. State

405 S.E.2d 482, 261 Ga. 386, 1991 Ga. LEXIS 341
Supreme Court of Georgia·Decided July 1, 1991·No. S91G0737·Published·Cited by 28 cases

Opinions

Weltner, Justice.

We granted certiorari to review Division 5 of the Court of Ap[387]*387peals’ opinion in Harris v. State, 198 Ga. App. 503 (402 SE2d 62) (1991). The Court of Appeals held that the trial court did not err in admitting testimony by a physician in a child molestation case that he had an opinion, based upon a physical examination, as to whether the victim had been molested sexually.

Decided July 1, 1991. Hudson & Solomon, James D. Hudson, for appellant. Robert B. Ellis, Jr., District Attorney, Timothy L. Eidson, Assistant District Attorney, for appellee.

This issue is controlled by Allison v. State, 256 Ga. 851, 853 (353 SE2d 805) (1987). The testimony being inadmissible, it should have been excluded.

Judgment reversed and case remanded.

All the Justices concur, except Clarke, C. J., Hunt and Fletcher, JJ., who dissent.

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Harris v. State, 405 S.E.2d 482, 261 Ga. 386, 1991 Ga. LEXIS 341 (Ga. 1991).

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