Vargas v. State

Court of Appeals of Georgia

Decided October 26, 1987

Court of Appeals of Georgia · decided 1987-10-26

Relies on 176 Ga. App. 567 - Taylor v. State · 180 Ga. App. 562 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-10-26

How this case has been cited

Cited by 11 later decisions — most recently January 2005

11 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Beasley, Judge,

¶1concurring specially.

¶2I concur fully in Division 1. I concur in Division 2 but for the reason that OCGA § 24-3-16 authorized the admission of the evidence. The citation to Williams v. State, 180 Ga. App. 562 (1) (349 SE2d 797) (1986) brings into play another exception to the hearsay rule, i.e., res gestae. That would not be applicable here, where the report of the incident was not contemporaneous and thus not generally regarded as an “outcry.” Instead, the report consisted of statements made some four months after the incident, when it could not be said to be “free from all suspicion of device or afterthought.” OCGA § 24-3-3; Taylor v. State, 176 Ga. App. 567, 573 (4) (b) (336 SE2d 832) (1985).