Harris v. State

Pope, Judge,

dissenting.

I dissent from Division 3 of the majority opinion. The court’s broad ruling wrongly precluded defendant’s cross-examining the victim about her use of cocaine. He had a right to attempt to impeach her by such questions, as he is entitled to a thorough and sifting cross-examination. OCGA § 24-9-64. Had it been brought out that she was a cocaine user, voluntarily used it that night, and became the aggressor, the jury may have questioned her recollection of the events of the evening in question and may have been persuaded by the defendant’s version of events. In this regard her character would be relevant and thus within the exception provided in OCGA § 24-2-2.

I am authorized to state that Judge Sognier, Judge Beasley and Judge Cooper join in this dissent.