Defendant appeals her conviction of simple battery, OCGA § 16-5-23. The enumerations of error raised the “general grounds,”
Lewis v. State,
Defendant allegedly struck the victim, a teacher, during an altercation which arose from the victim’s determination that defendant’s daughter was tardy on three occasions. Defendant sought to establish that the teacher was overly strict and demanding of her students. The teacher was asked on cross-examination whether she was aware that this parent had made a complaint about her to the school principal. The teacher responded negatively.
On redirect the teacher was asked about a letter from the school superintendent, Dr. McGill, to her. The letter, written just before the incident, was commendatory and made no mention of complaints. Defendant objected to examination of the witness based on the letter unless the State planned to call Dr. McGill so defendant could cross-examine her. The prosecuting attorney requested time to get McGill.
Sua sponte the court inquired of the teacher if she kept records “like that” as part of her practice as a teacher and if that was one of I the records she kept. Based upon the victim’s affirmative answers, the court admitted the letter as a business record, under that exception to [ the hearsay exclusion rule. Defendant objected, stating no ground.
The State then moved the admission of certain teacher evalúa-1 tions. The teacher responded affirmatively to questions inquiring if I she kept the records in the course of her business and if they were! business records. Counsel for defendant objected, stating “I don’t carel whether they’re kept as business records or not.” The objection was| overruled.
A letter is incompetent as hearsay in the absence of its authorl being available for cross-examination.
Page v. State,
However, objections to evidence must state the grounds upon which they are based; merely objecting is not enough.
Hayes v. State,
Judgment affirmed.
