dissenting.
I dissent to Division three (3) of the majority opinion. See State v. McDonald, 242 Ga. 487, 489 (249 SE2d 212) (1978) (Hill, J., dissenting).
I also dissent to Division eleven (11). See Williams v. State, 250 Ga. 664, 668 (300 SE2d 685) (1983) (Hill, C. J., dissenting). There a minority of this court concluded that “. . . where a state’s witness utilizes a report or other writing to refresh the witness’ recollection, denying defense counsel the right to examine such writing constitutes a denial of the right of cross-examination.” In my view, it makes no difference whether the witness uses the report to refresh his or her recollection while on the witness stand, or during a recess in the trial. The result is the same; the opposing party has been denied the right to a thorough and sifting cross-examination. This is particularly true where the district attorney shows the report to the witness, and the witness, with recollection thus refreshed, purports to “clarify” testimony given before the recess. The reference by the witness to the writing lends credibility to the “clarification,” which opposing counsel is denied the opportunity to refute by reference to the writing. I therefore dissent.
I am authorized to state that Justice Smith joins in this dissent.