97 Ga. 792 | Ga. | 1896
The mother, when offered as a witness, was further allowed to testify that- her daughter showed her “the clothes she had on at the time,” meaning the time when the rape is said to have taken place. This was really permitting the mother to swear that the clothes in question were in fact worn by the prosecutrix at the time of her encounter with the accused. This certainly was not proper, because, as the mother was not present on that occasion, her only knowledge as to what clothes her daughter wore at that time must have been derived alone from the latter’s statements.
Judgment reversed.