dissenting.
I dissent from the ruling in Division 5 of the majority opinion. One of the items admitted into evidence over objection was identified as containing marijuana. The exhibit consisted of the contents of an ashtray found in the defendant’s bedroom and the contents of an ashtray from his car. They were mixed together by investigating officers.
Although there was some testimony which would have authorized the admission of the contents of the car’s ashtray, this material lost its identity when co-mingled with that taken from the bedroom. Any marijuana found in the defendant’s bedroom would constitute a separate offense not connected with the offense for which appellant was on trial. Under these circumstances it is impossible to tell whether the marijuana came from the car or the bedroom or both. See Pittman v. State, 110 Ga. App. 625 . (2) (139 SE2d 507) (1965); Terry v. State, 130 Ga. App. 655, 656 (204 SE2d 372) (1974); and White v. State, 230 Ga. 327, 334 (196 SE2d 849) (1973).
"Where such evidence is admitted, and its effect is prejudicial to the defendant in that it tends to blacken his character and inflame the jury against him, this constitutes reversible error. Hagin v. State, 86 Ga. App. 92 (2) (70 SE2d 795); Harris v. State, 47 Ga. App. 864 (2) (171 SE 871).” Spencer v. State, 95 Ga. App. 454 (1) (98 SE2d 94) (1957).
The trial court erred in admitting state’s Exhibit No. 28, and I would reverse the overruling of appellant’s motion for new trial.
I am authorized to state that Justice Hill joins in this dissent.