159 Ga. App. 582 | Ga. Ct. App. | 1981
Appellant was convicted of homicide by motor vehicle. On appeal he contends the trial court erred by improperly allowing a state exhibit into evidence, and by denying appellant’s motion for a directed verdict of acquittal.
1. In regard to a directed verdict of acquittal, Code Ann. § 27-1802 (a) provides that where there is no conflict in the evidence, and the evidence introduced shall demand a verdict of acquittal or
2. The trial court admitted a diagram of the scene of the crime into evidence. Appellant contends this was error, as no proper foundation was laid for admission of the diagram. A diagram of the scene of a crime is admissible in evidence, Ruff v. State, 150 Ga. App. 238, 239 (2) (257 SE2d 203) (1979), once it has been proved by witnesses to be correct. Bell v. State, 71 Ga. App. 430, 435 (6) (31 SE2d 109) (1944). See also, Jackson v. State, 225 Ga. 39, 47 (8) (165 SE2d 711) (1969). In the instant case, the investigator who investigated the case testified that he prepared the diagram from measurements he took at the scene, and that it accurately represented the scene it purported to depict. This is all that need be shown to make the diagram admissible. Bell, supra.
Judgment affirmed.