168 Ga. 725 | Ga. | 1929
Lead Opinion
Except the fourth, none of the headnotes require elaboration.
The seventh ground of the motion for new trial is as follows : The defendant offered in evidence a letter addressed to G. E. Houston, P. 0. Box 396, Atlanta, Ga., and%lso, with the address on the envelope in pencil, “30 West Eleventh Street.” The letter so tendered was in words and figures as follows: “Sunday. My dearest & Only Sweetheart: — Your special was so nice to-day. So, of course, I feel improved. Then too my boil is on the road to recovery, and have both eyes open to take in the beautiful sunshine that is all here to-day. Yesterday, however, I was some sick, could hardly make it home, then right to bed where I remained until this morning. Had fever and all yesterday, but feel real much better to-day. Dear, what made you send that rent? I considered that included in the large bill and was very much surprised at getting the other. Don’t think I am hoggish, dear. All I want is enough to get along with, and don’t think I am trying to use you for a good thing, for you are my dearest love and that’s my attitude towards you. Another thing, dear — I didn’t quite get the connection when you said, if I ever decided to do anything improper I’d ask you. Now, dear, not for one moment must you have the idea that I even consider such things, and so long as you keep me on a pedestal for goodness I shall never betray that trust, for I know many times you have been deceived in woman, so in your life I want to be the exception — so you must never let such a thought enter your mind, for you know our thoughts and ways are so closely allied that you should ever have such -ideas I might grasp it on a thought wire and run away with it. The things I hear in New York has sufficiently disgusted me with the crooked path to ever wander from the straight. I hope, dear, my suggestion to meet you didn’t put that idea into your head, for the suggestion was formerly yours, and so often have you told me to look upon you as all mine and that you cared so.awfully much for me that you would always protect me from any harm, so, under those circumstances with my devotion for you plus the separation of 1/3 of a whole year prompted me to suggest seeing you, especially as it will be the best chance on account of a longer holiday and the prospect of Mary-coming the first part of June. Don’t think I am scolding you, dear, or fussing, but I want you to hold
“Say Dear — I want to send my liberty bond for you to put in the box. Do you think it safe to enclose ‘in letter without registering, or shall I keep it until you come. I think may be safest to send there than keep here, as you know sometimes I am careless bout such things.”
When this letter was tendered in evidence, counsel for the plaintiff made this objection: Mr. Branch: “We object to that letter.” The court thereupon sustained this objection in the following ruling: “I don’t think that letter is admissible. I don’t think it has been connected up with Mr. Smith close enough to be binding on him.” Movant contends that the court erred in sustaining said objection and erred in not admitting said letter to the cpnsideration of the jury, for the following reasons and grounds, to wit: Because said evidence offered was relevant and pertinent to the issues involved, and because of the following evidence at the trial which connected the plaintiff, W. B. Smith, with said letter. At the trial Mrs. Lillie B. Smith testified that she had intercepted this letter, and swore positively that the address on the envelope and the letter itself was in the handwriting of Miss Gladys E. Houston. The
Judgment reversed.
Rehearing
ON MOTION FOR REHEARING
Considering all of this evidence, we think the jury would have been authorized to find that the letter sought to be introduced was a part of the general understanding and correspondence between Smith and Miss Houston and was admissible as throwing light upon the conduct of plaintiff. Therefore, after another consideration of the evidence in the light of the fourth headnote in the Gocrofl case, we are satisfied that the trial court erred in repelling from the evidence the letter in question. Accordingly, the motion for rehearing is denied.