17 S.E.2d 91 | Ga. Ct. App. | 1941
1. When in the trial information is admitted "to explain conduct and ascertain motives," it "shall be admitted in evidence, not as hearsay, but as original evidence." Code, § 38-302.
2. The evidence supported the verdict. The court did not err in overruling the motion for new trial.
The special ground complains that the court erred in overruling a motion for a mistrial based on a statement of a witness, whose place was the subject of an alleged burglary, that he had received certain information during the investigation of the case. The court of his own motion promptly ruled out the evidence, and the solicitor-general also stated that he did not insist on it. Afterwards the witness stated: "I got some information. After I got the information I called the officers. In fact, the detectives were being sent out there, I told them that. . ." The court directed the witness: "Don't tell what you told them." Under the facts of this case we think the evidence was admissible under the Code, § 38-302. Coleman v. State,
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur. *60