FLOYD v. STATE

37901.

100 Ga. App. 453 (1959)

112 S.E.2d 171

FLOYD v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied October 20, 1959.


Attorney(s) appearing for the Case

James R. Venable, for plaintiff in error.

Paul Webb, Solicitor-General, John I. Kelley, Solicitor, Hinson McAuliffe, Eugene L. Tiller, contra.


CARLISLE, Judge.

1. Unless it affirmatively appears that evidence is hearsay, and where it is of such a nature that it is possible for the witness who testifies thereto to personally know thereof, it ought not to be excluded. Atlanta Glass Co. v. Noizet, 88 Ga. 43, 46 (2) (13 S. E. 833); Flint River &c. R. Co. v. Maples, 10 Ga.App. 573, 574 (2) (73 S. E. 957). Where a witness testifies to a fact there is a presumption, in the absence...

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