State v. Daniels

Supreme Court of Georgia

State v. Daniels

212 S.E.2d 794, 233 Ga. 614, 1975 Ga. LEXIS 1389

CourtSupreme Court of Georgia

DecidedFebruary 4, 1975

Docket29454

StatusPublished

Cited by1 cases

This text of 212 S.E.2d 794 (State v. Daniels) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Daniels, 212 S.E.2d 794, 233 Ga. 614, 1975 Ga. LEXIS 1389 (Ga. 1975).

Pincite

Opinion

Per curiam.

Certiorari was granted in this case to review the decision of the Court of Appeals reported in 132 Ga. App. 673 (209 SE2d 72). The conviction of the defendant for abandonment of his alleged illegitimate child was reversed in that court upon the ground that the mother of the child, who was married to a third party, was an incompetent witness to give testimony tending to show her adultery with the defendant. The court reasoned that under Code Ann. § 38-1603 (4) the mother was a person interested in the result of the case and that her testimony [615]*615was inadmissible under Code Ann. § 38-1606 since it tended to prove her adultery with the defendant.

Argued January 13, 1975 — Decided February 4, 1975. George T. Talley, Solicitor, for appellant. Saliba & Wisenbaker, George M. Saliba, for appellee.

After consideration of the opinion of the Court of Appeals in this case, we affirm its decision as being correct. However, we note that it casts an onerous burden upon the state to prove its case in prosecutions of this character and that amending legislation is needed to alleviate this problem in the interest of justice.

Judgment affirmed.

All the Justices concur.

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Per curiam.

Certiorari was granted in this case to review the decision of the Court of Appeals reported in 132 Ga. App. 673 (209 SE2d 72). The conviction of the defendant for abandonment of his alleged illegitimate child was reversed in that court upon the ground that the mother of the child, who was married to a third party, was an incompetent witness to give testimony tending to show her adultery with the defendant. The court reasoned that under Code Ann. § 38-1603 (4) the mother was a person interested in the result of the case and that her testimony [615]*615was inadmissible under Code Ann. § 38-1606 since it tended to prove her adultery with the defendant.

Argued January 13, 1975 — Decided February 4, 1975. George T. Talley, Solicitor, for appellant. Saliba & Wisenbaker, George M. Saliba, for appellee.

After consideration of the opinion of the Court of Appeals in this case, we affirm its decision as being correct. However, we note that it casts an onerous burden upon the state to prove its case in prosecutions of this character and that amending legislation is needed to alleviate this problem in the interest of justice.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

212 S.E.2d 794, 233 Ga. 614, 1975 Ga. LEXIS 1389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daniels-ga-1975.

Opinion

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