Chapter 14. PROOF GENERALLY  

LAW REVIEWS. --For article, "An Analysis of Georgia's Proposed Rules of Evidence," see 26 Ga. St. B.J. 173 (1990). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011).
   For note, "Evidence-Voiceprints-The Value of Spectrographic Analysis," see 9 Ga. St. B.J. 242 (1973).
 
JUDICIAL DECISIONS
 
EDITOR'S NOTES. --In light of the similarity of the statutory provisions, decisions under former O.C.G.A. Ch. 4, T. 24 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) (decided under former O.C.G.A. Ch. 4, T. 24).
 
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) (decided under former O.C.G.A. Ch. 4, T. 24).
 
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) (decided under former O.C.G.A. Ch. 4, T. 24).
 
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) (decided under former O.C.G.A. Ch. 4, T. 24).
 
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) (decided under former O.C.G.A. Ch. 4, T. 24).
 
RESEARCH REFERENCES
 
Am. Jur. Trials. --Excluding Illegally Obtained Evidence, 5 Am. Jur. Trials 331.
 
ALR. --Death certificate as evidence, 17 ALR 359; 42 ALR 1454; 96 ALR 324.
   Admissibility of evidence obtained by illegal search and seizure, 32 ALR 408; 41 ALR 1145; 52 ALR 477; 88 ALR 348; 134 ALR 819; 150 ALR 566; 50 ALR2d 531.
   Admissibility in favor of writer of unanswered letter not part of mutual correspondence, 34 ALR 560; 55 ALR 460.
   Admissibility in favor of accused in criminal case of extrajudicial confession by stranger, 48 ALR 348.
   Admission of bankrupt or insolvent before or during bankruptcy or insolvency proceedings as evidence against trustee in bankruptcy or assignee in insolvency, 53 ALR 650.
   Presumption or burden of proof as to whether or not instrument affecting title to property is recorded, 53 ALR 668.
   Admissibility of evidence obtained by government or other public officer by intercepting letter or telegraph or telephone message, 53 ALR 1485; 66 ALR 397; 134 ALR 614.
   Demonstrative evidence on issue of negligence or contributory negligence at railroad crossing, 55 ALR 1340.
   Conduct and actions of animals or fowls as evidence, 61 ALR 888.
   Admissibility of evidence of other offenses in criminal prosecution to prove identity of defendant, 63 ALR 602.
   Admissibility of subsequent declarations of vendor on issue whether sale was in fraud of creditors, 64 ALR 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 ALR 560.
   Admissibility of check stubs as evidence, 68 ALR 692.
   Admissibility of report of operator filed pursuant to law, respecting automobile accident, 69 ALR 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 ALR 304.
   Experimental evidence as affected by similarity or dissimilarity of conditions, 85 ALR 479.
   Admissibility in criminal prosecution of adjudication or judgment in civil case or procedure, 87 ALR 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 ALR 264.
   Admissibility and weight of evidence of resemblance on question of paternity or other relationship, 95 ALR 314.
   Competency of testimony as to one's mental condition, based upon handwriting, 103 ALR 900.
   Admissibility of telephone conversations in evidence, 105 ALR 326.
   Questions of evidence involved in the inspection and examination of typewritten documents and typewriting machines, 106 ALR 721.
   Offering improper evidence, or asking improper question, as ground for new trial or reversal, 109 ALR 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 ALR 670.
   Admissibility of declarations of testator on issue of undue influence, 148 ALR 1225.
   Admissibility of report of public officer or employee on cause of or responsibility for injury to person or damage to property, 153 ALR 163; 69 ALR2d 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 ALR 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 ALR 683.
   Authentication or verification of photograph as basis for introduction in evidence, 9 ALR2d 899; 41 ALR4th 812; 41 ALR4th 877.
   Proof of unadjudged incompetency which prevents running of statute of limitations, 9 ALR2d 964.
   Propriety of permitting jury to take X-ray picture, introduced in evidence, with them into jury room, 10 ALR2d 918.
   Admissibility of evidence of fact of making or receiving telephone calls, 13 ALR2d 1409.
   Admissibility of posed photograph based on recollection of position of persons or movable objects, 19 ALR2d 877.
   Valuation for taxation purposes as admissible to show value for other purposes, 39 ALR2d 209.
   Admissibility, in Federal Employers' Liability Act action, of rules, practices, precautions, safety devices, etc., used by other railroads, 43 ALR2d 618.
   Admissibility of opinion or estimate by nonexpert witness in personal injury action of future hospital expenses, future hospitalization, or the like, 45 ALR2d 1148.
   Right to have reporter's notes read to jury, 50 ALR2d 176.
   Admissibility in evidence of withdrawn, superseded, amended, or abandoned pleading as containing admissions against interest, 52 ALR2d 516.
   Modern status of rule governing admissibility of evidence obtained by unlawful search and seizure, 50 ALR2d 531.
   Admissibility of sound recordings, in evidence, 58 ALR2d 1024; 57 ALR3d 746; 58 ALR3d 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 ALR2d 1148.
   Admissibility of photograph of corpse in prosecution for homicide or civil action for causing death, 73 ALR2d 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 ALR2d 1025.
   Admissibility, in homicide prosecution, of evidence as to tests made to ascertain distance from gun to victim when gun was fired, 86 ALR2d 611.
   Admissibility of evidence of accused's re-enactment of crime, 100 ALR2d 1257.
   Official death certificate as evidence of cause of death in civil or criminal action, 21 ALR3d 418.
   Admissibility, and prejudicial effect of admission, of "mug shot," "rogues' gallery" photograph, or photograph taken in prison, of defendant in criminal trial, 30 ALR3d 908.
   Refusal of defendant in "public figure" libel case to identify claimed sources as raising presumption against existence of source, 19 ALR4th 919.
   Admissibility of evidence of fingernail comparisons in criminal case, 40 ALR4th 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 ALR4th 594.
   Admissibility of visual recording of event or matter giving rise to litigation or prosecution, 41 ALR4th 812.
   Admissibility of visual recording of event or matter other than that giving rise to litigation or prosecution, 41 ALR4th 877.
   Proof of mailing by evidence of business or office custom, 45 ALR4th 476.
   Admissibility and weight of evidence of prior misidentification of accused in connection with commission of crime similar to that presently charged, 50 ALR4th 1049.
   Admissibility of traffic conviction in later state civil trial, 73 ALR4th 691.
   Admissibility of lie detector test results, or of offer or refusal to take test, in attorney disciplinary proceeding, 79 ALR4th 576.
   Admissibility, in homicide prosecution, of evidence as to tests made to ascertain distance from gun to victim when gun was fired, 11 ALR5th 497.
   Propriety of attorney's surreptitious sound recording of statements by others who are or may become involved in litigation. 32 ALR5th 715.
   Admissibility in homicide prosecution of allegedly gruesome or inflammatory visual recording of crime scene, 37 ALR5th 515.
   Failure of police to preserve potentially exculpatory evidence as violating criminal defendant's rights under state constitution, 40 ALR5th 113.