Rivers v. State

Webb, Judge,

dissenting.

In my judgment it is inherently wrong to admit into evidence in a criminal prosecution evidence of a prior offense for which the accused has been tried and acquitted. This is my view, Taylor v. State, 174 Ga. 52 (7) (162 SE 504) (1931), to the contrary notwithstanding. Consequently, I must respectfully dissent, and am unwilling to overrule Mize v. State, 140 Ga. App. 17 (230 SE2d 81) (1976), as the majority proposes to do.