Lewis v. State, 254 S.E.2d 830 (Ga. 1979). · Go Syfert
Lewis v. State, 254 S.E.2d 830 (Ga. 1979). Cases Citing This Book View Copy Cite
92 citation events (11 in the last 25 years) across 4 distinct courts.
Strongest positive: Darren Rayton Mills, Jr. v. State (gactapp, 2025-05-22)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 27 distinct citers.
discussed Cited as authority (rule) Darren Rayton Mills, Jr. v. State
Ga. Ct. App. · 2025 · confidence medium
Felonies are infamous.” Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979); Rehberger v. State, 269 Ga. 576, 576 (1) ( 502 SE2d 222 ) (1998) (“In Georgia, all felonies are crimes involving moral turpitude.”).
cited Cited as authority (rule) In re Jones
Ga. · 2013 · confidence medium
Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979).
discussed Cited as authority (rule) Spillers v. State
Ga. Ct. App. · 2009 · confidence medium
Hutchinson, Assistant District Attorney, for appellee. 1 See OCGA §§ 21-2-132 (f) (contents of notice of candidacy and affidavit required for general elections); 21-2-153 (e) (contents of notice of candidacy and affidavit required for party primary elections); 45-2-1 (grounds for disqualification). 2 “In Georgia, all felonies are crimes involving moral turpitude.” Rehberger v. State, 269 Ga. 576 (1) ( 502 SE2d 222 ) (1998), citing Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979). 3 “Any person knowingly making any false statement in connection with filing a notice of candidacy …
cited Cited as authority (rule) Mann v. State
Ga. Ct. App. · 1999 · confidence medium
Lewis v. State, 243 Ga. 443, 446 ( 254 SE2d 830 ).
discussed Cited as authority (rule) Harwell v. State
Ga. · 1999 · confidence medium
OCGA § 16-11-106 (a). 3 While it was not evidence presented to the jury, we note that, in response to defense counsel’s objection to the charge during the post-instruction conference, the trial court asked rhetorically whether appellant had an offensive weapon or device and concluded that “[t]he charge fits the facts of the case.” 4 Since appellant’s aggravated assault conviction is reversed on this ground, we need not address his contention that the Court of Appeals erred when it refused to consider whether appellant’s conviction for aggravated assault with intent to rob merged int…
cited Cited as authority (rule) Rehberger v. State
Ga. · 1998 · confidence medium
Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979).
cited Cited as authority (rule) Hicks v. State
Ga. Ct. App. · 1997 · confidence medium
Accord Ramsey v. Powell, 244 Ga. 745, 746 ( 262 SE2d 61 ) (1979); Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979).
discussed Cited as authority (rule) Hawes v. State
Ga. · 1996 · confidence medium
OCGA § 24-7-20. 7 Hall v. Hall, 261 Ga. 188 ( 402 SE2d 726 ) (1991); Lewis v. State, 243 Ga. 443, 444 ( 254 SE2d 830 ) (1979). 8 See Ramsey v. State, 145 Ga. App. 60, 62 ( 243 SE2d 555 ) (1978) (what constitutes moral turpitude is “at best amorphous”); McIntosh v. State, 443 S2d 1283, 1284 (Ala. 1983) (analyzing same definition of moral turpitude as used in Georgia); State v. Malusky, 230 NW 735, 737 (N.D. 1930) (same). 9 Hall, supra. 10 Id. 11 Ramsey, supra (citations omitted). 12 Flanagan v. State, 212 Ga. App. 468, 469 ( 442 SE2d 16 ) (1994). 13 McLendon v. State, 259 Ga. 778, 780 ( 38…
discussed Cited as authority (rule) Matter of Williams
Ga. · 1996 · confidence medium
Nevertheless, the special master recommended a restricted view of that term in accordance with Lewis v. State, 243 Ga. 443, 444-445 ( 254 SE2d 830 ) (1979): The gravest offenses, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind....
discussed Cited as authority (rule) Barker v. State
Ga. Ct. App. · 1993 · confidence medium
Crimes involving moral turpitude are “restricted to the gravest offenses, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind. [Cit.]” Lewis v. State, 243 Ga. 443, 444 ( 254 SE2d 830 ) (1979).
discussed Cited as authority (rule) O'NEAL v. Kammin
Ga. · 1993 · confidence medium
The use of the term moral turpitude has been “restricted to the gravest offenses, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind.” Lewis v. State, 243 Ga. 443, 444 ( 254 SE2d 830 ) (1979).
discussed Cited as authority (rule) Carruth v. Brown
Ga. Ct. App. · 1992 · confidence medium
Based on such definition, it was concluded that the offenses of obtaining money from another by fraud or false pretenses or larceny after trust were “crimes malum in se, involving moral turpitude.” Lewis v. State, 148 Ga. App. 16, 17 (1) ( 251 SE2d 18 ) (1978), also applied the legal definition of moral turpitude found in Huff and cited federal case law and rules of evidence, reaching the conclusion that “ ‘a crime involving dishonesty ... is considered to be one involving moral turpitude.’ ” In affirming Lewis on certiorari, the Supreme Court discussed the definition and scope of …
discussed Cited as authority (rule) Hall v. Hall
Ga. · 1991 · confidence medium
See Agnor’s Georgia Evidence (2d ed.), § 5-8 (1986); Lewis v. State, 243 Ga. 443, 444 ( 254 SE2d 830 ) (1979) (conviction for sale of cocaine is a crime of moral turpitude); Watts v. Gaines, 226 Ga. 503, 505 (2) ( 175 SE2d 871 ) (1970).
discussed Cited as authority (rule) Hall v. State (2×)
Ga. Ct. App. · 1990 · confidence medium
In Georgia, a witness may be impeached by proof that he or she has been convicted of a crime of moral turpitude, see Beach v. State, 138 Ga. 265 (1) ( 75 SE 139 ) (1912), and "any crime designated as a felony and punishable by imprisonment [constitutes] a crime involving moral turpitude within the meaning of the law." Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979). 7.
discussed Cited as authority (rule) State v. Temple
Ga. Ct. App. · 1988 · confidence medium
In Ramsey v. Powell, 244 Ga. 745, 746 ( 262 SE2d 61 ), it was held “ ‘it is not the punishment imposed in a given case but the punishment that may be imposed that characterizes the crime.’ ” Accord Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ).
examined Cited as authority (rule) Norley v. State (6×) also: Cited "see"
Ga. Ct. App. · 1984 · confidence medium
At the very least, the commission of this offense results in an “obstruction of justice.” See Lewis v. State, 243 Ga. 443, 445 ( 254 SE2d 830 ) (1979).
discussed Cited as authority (rule) Seaboard Coast Line Railroad v. West
Ga. Ct. App. · 1980 · confidence medium
Our Supreme Court has declared that crimes involving moral turpitude are “restricted to the gravest offenses, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind. [Cit]” Lewis v. State, 243 Ga. 443, 444 ( 254 SE2d 830 ) (1979); affirming 148 Ga. App. 16 ( 251 SE2d 18 ) (1978).
discussed Cited "see" Conn v. State (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See generally Lewis v. State, 243 Ga. 443, 445-446 ( 254 SE2d 830 ) (1979) (discussing general rule allowing impeachment of witness with evidence of prior conviction of felony or of misdemeanor involving moral turpitude).
discussed Cited "see" In Re Inquiry Concerning Judge Robertson (2×)
Ga. · 2004 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443 ( 254 SE2d 830 ) (1979).
discussed Cited "see" Morrison v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443, 446 ( 254 SE2d 830 ) (1979).
discussed Cited "see" Jabaley v. Mitchell (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See generally Lewis v. State, 243 Ga. 443 ( 254 SE2d 830 ) (1979); Pender v. Witcher, 194 Ga. App. 72 (2) ( 389 SE2d 560 ) (1989).
discussed Cited "see" Perry v. State (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443, 446 ( 254 SE2d 830 ) (1979).
discussed Cited "see" Harris v. State (2×)
Ga. Ct. App. · 1985 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443 ( 254 SE2d 830 ) (1979); Norley v. State, 170 Ga. App. 249 (5) ( 316 SE2d 808 ) (1984).
examined Cited "see" Mitchell v. State (4×)
Ga. Ct. App. · 1981 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443, 446 ( 254 SE2d 830 ), wherein other cases involving moral turpitude have been cited such as Gaddis v. State, 239 Ga. 238, 241 (7) ( 236 SE2d 594 ).
discussed Cited "see" In re Stoner (2×)
Ga. · 1980 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443 ( 254 SE2d 830 ) (1979). 3.
discussed Cited "see" Ramsey v. Powell (2×)
Ga. · 1979 · signal: see · confidence high
See Lewis v. *746 State, 243 Ga. 443 ( 254 SE2d 830 ) (1979) and cits.; Huff v. Anderson, 212 Ga. 32, 34 (2) ( 90 SE2d 329 ) (1955) and cits.; Op. Atty.
cited Cited "see" In the Matter of Nicholson
Ga. · 1979 · signal: see · confidence high
See Lewis v. State, 243 Ga. 443 (1979).
Lewis
v.
the State
34486.
Supreme Court of Georgia.
Apr 5, 1979.
254 S.E.2d 830
Zeese & Howell, Gordon R. Zeese, for appellant., William S. Lee, III, District Attorney, for appellee.
Bowles.
Cited by 43 opinions  |  Published
Bowles, Justice.

We granted certiorari in this case to consider Division 1 of the opinion of the Court of Appeals, 148 Ga. App. 16 (251 SE2d 18) (1978), holding that a conviction of the sale of cocaine is a crime involving moral turpitude so that evidence of such prior conviction could be introduced as impeaching evidence of a witness.

Although the term moral turpitude has been used in[*444] many statutes adopted by the legislature of this state and has been referred to in numerous decisions of this court and the Court of Appeals, a definition has not been adopted as to its precise meaning. The term has, however, been declared definite enough to meet constitutional attacks based on indefiniteness. Hughes v. State Bd. of Med. Exam., 162 Ga. 246 (4) (134 SE 42) (1926); Jordan v. De George; 341 U. S. 223 (71 SC 703, 95 LE 886) (1951).

Black’s Law Dictionary, Revised Fourth Edition, furnishes the following definition: "An act of baseness, vileness, or depravity in the private and social duties which man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.” [1] It is said to be restricted to the gravest offenses, consisting of felonies, infamous crimes, and those that are malum in se and disclose a depraved mind. Bartos v. U. S. District Court for the District of Nebraska, 19 F2d 722, 724. Moral which often precedes the word turpitude adds nothing to its meaning other than emphasis which often results from a tautological expression. Holloway v. Holloway, 126 Ga. 459 (55 SE 191) (1906). As Justice Cobb said, in the latter case, "All crimes embraced within the Roman’s conception of the crimen falsi involve turpitude; but it is not safe to declare that such crimes only involve turpitude.” (Emphasis supplied.)

The comparatively new rules of evidence prevailing in the federal courts permit impeachment by evidence of conviction of crime, generally, where the witness has been convicted of a crime punishable by death or imprisonment in excess of one year or involving dishonesty or false statement regardless of the term of punishment. [2] Before[*445] the adoption of the new federal rules of evidence, the United States Court of Appeals, Fifth Circuit, followed what it termed to be the usual rule that felony convictions and misdemeanors involving moral turpitude may be used to impeach the credibility of a witness. United States v. Gloria, 494 F2d 477, 481 (1974).

"One of the methods of attempting to discredit a witness is by introducing the record of his conviction of a crime which rendered one infamous at common law; these were treason, any felony, and crimen falsi or the crime of falsifying. . . In other words, a person was rendered infamous by conviction of treason, any felony, or a misdemeanor involving dishonesty or the obstruction of justice.” Green, Georgia Law of Evidence § 139.* * [3]

It is not the character of the crime but the nature of the punishment which makes a crime infamous. Further, it is not the punishment imposed in a given case but the punishment that may be imposed that characterizes the crime. United States v. Moreland, 258 U. S. 433 (42 SC 368, 66 LE 700) (1922).

As used in this state moral turpitude seems to mean infamy. One of the earlier cases on the subject, Ford v. State, 92 Ga. 459 (17 SE 667) (1893), after reciting the rule said: "Evidence which discredits a witness on the ground of infamy tends to impeach him.” Basically, it would seem that any crime designated as a felony and punishable by imprisonment would be a crime involving moral turpitude within the meaning of the law. Felonies are infamous. [4]

[*446] Although included in a dissent for other reasons, Judge McIntyre in Grace v. State, 49 Ga. App. 306 (175 SE 384) (1934), recognized the general rule, ". . . the crime must rise to the importance of a felony or be a misdemeanor involving moral turpitude.”* *** [5] But, we have again recently held for a witness to be impeached proof of the commission of a crime involving moral turpitude is required. Pryor v. State, 238 Ga. 698, 706 (234 SE2d 918) (1977); Gaddis v. State, 239 Ga. 238, 241 (236 SE2d 594) (1977). The question then presented is, is a felony conviction a crime involving moral turpitude? Further applying the facts in the instant case, does the sale of cocaine, disregarding its felony punishment, meet the test as being contrary to justice, honesty, modesty, good morals or man’s duty to man? We conclude that in either event the answer is yes.

In Shaw v. State, 102 Ga. 660, 670 (29 SE 477) (1897), Justice Atkinson, in addressing the question said: "Under our law as it now stands, conviction of crime does not affect the competency of a witness, but the evidence of his conviction either of felony or larceny is admissible to affect his credit in all instances in which, under the rules of the common-law, the witness would have been held to have been incompetent. At common-law insensibility to the obligation of an oath was held to follow conviction of an offense which rendered one infamous, and extended to all-those persons who had been guilty of heinous crimes[*447] which men generally are not found to commit unless they are so far depraved as to be wholly unworthy of credit for truth.” Then after quoting approvingly from Greenleaf on Evidence to the same effect he said further: "Under our decisions, then, the record of a conviction of the offense of larceny is admissible in evidence to discredit such witness, because such a conviction renders one infamous, within the common-law rule. If this be true, felony and treason being both expressly included within the class of offenses which were pronounced infamous, and the witness having been convicted of a felony, the record of his conviction, while not sufficient to exclude him as a witness, was properly admitted by the trial judge to affect his credit.”

We conclude from common knowledge, that the illegal sale of cocaine produces nothing for the enhancement of the human race, but to the contrary seriously affects, and often destroys the health, lives and morals of those who use it outside medical supervision. How can we say, that the activities of an illegal sale of a narcotic which has been proscribed by the legislature of any state as being a felony, is anything but vile, base, and contrary to man’s natural duty to man?

The law of the State of Alabama, where the alleged conviction occurred declared the sale of cocaine to be a felony. Act 1407 § 401 (a), Regular Session of the Legislature of Alabama, 1971. The sentence imposed permitted punishment in excess of one year. With this, we hold that the trial court did not err in admitting into evidence the indictment, the plea and the sentence of the court, duly certified by the Alabama court, for the purpose of impeaching the testimony of the accused as a witness in the trial in this case. There is ample authority from other jurisdictions that violation of Acts prohibiting the illegal sale of narcotics are felonies involving moral turpitude. Menna v. Menna, 102 F2d 617, 618; In re McNeese, 346 Mo. 425 (142 SW2d 33) (a disbarment proceeding); Garlington v. Smith, 63 Ariz. 460 (163 P2d 685); In re Shepard, 35 Cal. App. 492 (170 P 442) (conspiring to smuggle opium into the United States); Speer v. State, 109 SW2d 1150 (Tex Civ. App.) (smuggling narcotics in violation of 26 USCA §§ 1040-1054, 1383-1391); Fortman[*448] v. Aurora Civil Service Comm., 37 Ill App. 3d 548 (346 NE2d 20).

Submitted January 26, 1979 Decided April 5, 1979. Zeese & Howell, Gordon R. Zeese, for appellant. William S. Lee, III, District Attorney, for appellee.

The opinion of the Court of Appeals is affirmed.

Judgment affirmed.

All the Justices concur.
1

it would appear that the definition would exclude unintentional acts or wrongs, or an improper act done without unlawful intent.

2

See, Federal Rules of Evidence, Rule 609 (a). "Impeachment by evidence of conviction of crime, (a) General rule. For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime shall be admitted if elicited from him or established by public record during cross examination but only if the[*445] crime (1) was punishable by death or imprisonment in excess of one year under the law under which he. was convicted; and the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the defendant, or (2) involved dishonesty or false statement, regardless of the punishment.” (There are other limitations, i. e., time limit, pardon, etc.).

3

The conviction no longer renders the convicted person incompetent to be a witness but is evidence tending to impeach him. Code Ann. § 38-1603.

4

If it were not also the duty of the court to determine[*446] what evidence is admissible and what evidence is inadmissible, the writer would declare the proper record of any debatable crime to be admissible for the purpose of discrediting the witness, and leave it to the jury based on an appropriate charge, as to whether or not a particular crime involves moral turpitude.

5

Some states have greatly liberalized the rule by allowing proof of almost any conviction of a crime even including traffic offenses. See, Hendrick v. Strazzulla, 135 S2d 1 (Fla. 1961) and Ingle v. Roy Stone Transfer Corp., 271 N. C. 276 (156 SE2d 265) (1967). If crimes introduced for impeachment purposes are not serious ones it would be difficult to say that their introduction presents harmful error.