O.C.G.A. § 24-13-154 (2019)

Annotations

Law reviews. For note, “Evidence-Voiceprints-The Value of Spectrographic Analysis,” see 9 Ga. St. B.J. 242 (1973). For article, “An Analysis of Georgia’s

Presumption from failure to answer business letter. Presumption of occupancy of railroad right of way. Presumption of payment of check. Estoppels defined; enumeration generally. Estoppel relating to real estate. Trustees estopped to set up title adverse to trust. Equitable estoppel.

Evidence of identity; burden in civil proceedings. Proof of de facto officer. Judgment admissible; effect. Calendars as proof of dates. American Experience Mortality Tables. Other mortality tables; supplemental nature. United States Department of Agriculture inspection certificates prima-facie evidence. Proof that person is dead or missing as evidence.

Proposed Rules of Evidence,” see 26 Ga. St. B.J. 173 (1990). For article, “Evidence,” see 27 Ga. St. U. L. Rev. 1 (2011).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former T. 24, C. 4 are included in the annotations for this Code section.

Documents must be offered. - It is elementary that documents upon which a party rests the party’s case must be offered into evidence. Hadden v. Owens, 154

Ga. App. 467, 268 S.E.2d 760, 1980 Ga. App. LEXIS 2230 (1980) (decided under former T. 24, C. 4). Documents admissible. - Documentary evidence illustrative of oral testimony and authenticated by oral testimony is admissible. King v. Browning, 246 Ga. 46, 268 S.E.2d 653, 1980 Ga. LEXIS 1011 (1980) (decided under former T. 24, C. 4). Tampering with evidence. - It is not necessary that the state negative all possibility of tampering with evidence but only that the state show that it is reasonably certain there was no alteration - when there is only a bare speculation of tampering, it is proper to admit the evidence and let what doubt remains go to the weight of the evidence. Marshall v. State, 153 Ga. App. 198, 264 S.E.2d 718,

1980 Ga. App. LEXIS 1747 (1980) (decided under former T. 24, C. 4). Lie detector test. - Upon an express stipulation of the parties that lie detector results shall be admissible, the results of the test shall be admissible as evidence for the jury to attach to the results whatever probative value the jury may find the results to have. Jordan v. State, 159 Ga. App. 716, 285 S.E.2d 71, 1981 Ga. App. LEXIS 2725 (1981) (decided under former T. 24, C. 4). Proof of a fact by unobjected to evidence renders harmless subsequent incompetent or inadmissible evidence. Lightsey v. State, 160 Ga. App. 62, 286 S.E.2d 41, 1981 Ga. App. LEXIS 2878 (1981) (decided under former T. 24, C. 4).

RESEARCH REFERENCES Am. Jur. Trials. Excluding Illegally Obtained Evidence, 5 Am. Jur. Trials 331. ALR. Death certificate as evidence, 17 A.L.R. 359; 42 A.L.R. 1454; 96 A.L.R. 324. Admissibility of evidence obtained by illegal search and seizure, 32 A.L.R. 408; 41 A.L.R. 1145; 52 A.L.R. 477; 88 A.L.R. 348; 134 A.L.R. 819; 150 A.L.R. 566; 50 A.L.R.2d 531. Admissibility in favor of writer of unanswered letter not part of mutual correspondence, 34 A.L.R. 560; 55 A.L.R. 460. Admissibility in favor of accused in criminal case of extrajudicial confession by stranger, 48 A.L.R. 348. Admission of bankrupt or insolvent before or during bankruptcy or insolvency proceedings as evidence against trustee in bankruptcy or assignee in insolvency, 53 A.L.R. 650. Presumption or burden of proof as to whether or not instrument affecting title to property is recorded, 53 A.L.R. 668. Admissibility of evidence obtained by government or other public officer by intercepting letter or telegraph or telephone message, 53 A.L.R. 1485; 66 A.L.R. 397; 134 A.L.R. 614. Demonstrative evidence on issue of negligence or contributory negligence at railroad crossing, 55 A.L.R. 1340.

Conduct and actions of animals or fowls as evidence, 61 A.L.R. 888. Admissibility of evidence of other offenses in criminal prosecution to prove identity of defendant, 63 A.L.R. 602. Admissibility of subsequent declarations of vendor on issue whether sale was in fraud of creditors, 64 A.L.R. 797. Admissibility of evidence as to character or conduct of plaintiff or reputation of his house in action for alienation of affections or criminal conversation, 68 A.L.R. 560. Admissibility of check stubs as evidence, 68 A.L.R. 692. Admissibility of report of operator filed pursuant to law, respecting automobile accident, 69 A.L.R. 905. Production of paper purporting to be indorsed in blank by payee or by a special indorsee as prima facie evidence of plaintiff’s title, 85 A.L.R. 304. Experimental evidence as affected by similarity or dissimilarity of conditions, 85 A.L.R. 479. Admissibility in criminal prosecution of adjudication or judgment in civil case or procedure, 87 A.L.R. 1258. Tax deeds and recitals therein as evidence of regularity of tax proceedings as to advertising and notice of sale, and as to time, manner, and place of sale, 88 A.L.R. 264.

Admissibility and weight of evidence of resemblance on question of paternity or other relationship, 95 A.L.R. 314. Competency of testimony as to one’s mental condition, based upon handwriting, 103 A.L.R. 900. Admissibility of telephone conversations in evidence, 105 A.L.R. 326. Questions of evidence involved in the inspection and examination of typewritten documents and typewriting machines, 106 A.L.R. 721. Offering improper evidence, or asking improper question, as ground for new trial or reversal, 109 A.L.R. 1089. Admissibility of testimony of person who spoke or wrote the words upon which an action for slander or libel is predicated as to his intention or the sense in which the words were spoken or written, 113 A.L.R. 670. Admissibility of declarations of testator on issue of undue influence, 148 A.L.R. 1225. Admissibility of report of public officer or employee on cause of or responsibility for injury to person or damage to property, 153 A.L.R. 163; 69 A.L.R.2d 1148. Ancient instrument of executor, administrator, receiver, or other fiduciary or officer as affected by matters of judicial or other public record touching his authority, 159 A.L.R. 436. Admissibility in civil case of testimony by one charged with willful misconduct as to his intention or state of mind at time in question, 171 A.L.R. 683. Authentication or verification of photograph as basis for introduction in evidence, 9 A.L.R.2d 899; 41 A.L.R.4th 812; 41 A.L.R.4th 877. Proof of unadjudged incompetency which prevents running of statute of limitations, 9 A.L.R.2d 964. Propriety of permitting jury to take Xray picture, introduced in evidence, with them into jury room, 10 A.L.R.2d 918. Admissibility of evidence of fact of making or receiving telephone calls, 13 A.L.R.2d 1409. Admissibility of posed photograph based on recollection of position of persons or movable objects, 19 A.L.R.2d 877. Valuation for taxation purposes as admissible to show value for other purposes, 39 A.L.R.2d 209.

Admissibility, in Federal Employers’ Liability Act action, of rules, practices, precautions, safety devices, etc., used by other railroads, 43 A.L.R.2d 618. Admissibility of opinion or estimate by nonexpert witness in personal injury action of future hospital expenses, future hospitalization, or the like, 45 A.L.R.2d 1148. Right to have reporter’s notes read to jury, 50 A.L.R.2d 176. Modern status of rule governing admissibility of evidence obtained by unlawful search and seizure, 50 A.L.R.2d 531. Admissibility in evidence of withdrawn, superseded, amended, or abandoned pleading as containing admissions against interest, 52 A.L.R.2d 516. Admissibility of sound recordings, in evidence, 58 A.L.R.2d 1024; 57 A.L.R.3d 746; 58 A.L.R.3d 598. Admissibility of report of police or other public officer or employee, or portions of report, as to cause of or responsibility for accident, injury to person, or damage to property, 69 A.L.R.2d 1148. Admissibility of photograph of corpse in prosecution for homicide or civil action for causing death, 73 A.L.R.2d 769. Admissibility in evidence, in civil action, of tachograph or similar paper or tape recording of speed of motor vehicle, railroad locomotive, or the like, 73 A.L.R.2d 1025. Admissibility, in homicide prosecution, of evidence as to tests made to ascertain distance from gun to victim when gun was fired, 86 A.L.R.2d 611. Admissibility of evidence of accused’s re-enactment of crime, 100 A.L.R.2d 1257. Official death certificate as evidence of cause of death in civil or criminal action, 21 A.L.R.3d 418. Admissibility, and prejudicial effect of admission, of “mug shot,” “rogues’ gallery” photograph, or photograph taken in prison, of defendant in criminal trial, 30 A.L.R.3d 908. Refusal of defendant in “public figure” libel case to identify claimed sources as raising presumption against existence of source, 19 A.L.R.4th 919. Admissibility of evidence of fingernail comparisons in criminal case, 40 A.L.R.4th 575.

Consumption or destruction of physical evidence due to testing or analysis by prosecution’s expert as warranting suppression of evidence or dismissal of case against accused in state court, 40 A.L.R.4th 594. Admissibility of visual recording of event or matter giving rise to litigation or prosecution, 41 A.L.R.4th 812. Admissibility of visual recording of event or matter other than that giving rise to litigation or prosecution, 41 A.L.R.4th 877. Proof of mailing by evidence of business or office custom, 45 A.L.R.4th 476. Admissibility and weight of evidence of prior misidentification of accused in connection with commission of crime similar to that presently charged, 50 A.L.R.4th 1049. Admissibility of traffic conviction in later state civil trial, 73 A.L.R.4th 691. Admissibility of lie detector test results, or of offer or refusal to take test, in attorney disciplinary proceeding, 79 A.L.R.4th 576.

Admissibility, in homicide prosecution, of evidence as to tests made to ascertain distance from gun to victim when gun was fired, 11 A.L.R.5th 497. Propriety of attorney’s surreptitious sound recording of statements by others who are or may become involved in litigation. 32 A.L.R.5th 715. Admissibility in homicide prosecution of allegedly gruesome or inflammatory visual recording of crime scene, 37 A.L.R.5th 515. Failure of police to preserve potentially exculpatory evidence as violating criminal defendant’s rights under state constitution, 40 A.L.R.5th 113. Sufficiency of DNA Evidence for Weapons Possession Under State Law, 58 A.L.R.7th Art. 5. Construction and application of standard for reviewing challenges to sufficiency of evidence supporting conviction - Supreme Court cases, 76 A.L.R. Fed. 2d 295.

ARTICLE 1 GENERAL PROVISIONS Law reviews. For article on the 2011 enactment of

this article, see 28 Ga. St. U.L. Rev. 1 (2011).