110 Ga. App. 869 | Ga. Ct. App. | 1965
The Housing Authority of the City of Atlanta has abandoned all of the grounds of its motion for a new trial except special ground 3, and the sole question for decision under this ground is stated in the brief of counsel for the Housing Authority of the City of Atlanta as follows: “When inadmissible evidence is interjected into a trial, may the
In Caldwell v. State, 82 Ga. App. 480 (1) (61 SE2d 543), relied upon by plaintiff in error, evidence otherwise admissible was objected to by the defendant on the grounds that the proper foundation had not been laid for its admission. It appeared that the defendant prior thereto had, on cross examination of a State’s witness, introduced such evidence into the case. This court held that, under the circumstances, it was not reversible error to permit the State to explain or rebut the evidence introduced by the defendant. In the Caldwell case, the ultimate inadmissibility of harmful evidence was not involved but only the preliminary requirements for the introduction of admissible evidence, which requirement the defendant had waived by introducing such evidence himself. The Caldwell case is thus distinguishable from the case now before the court.
Judgment affirmed.
