lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
FAMBER v. ThE STATE.
49954.
QUILLIAN, Judge.
Burglary. Whitfield Superior Court. Before Judge Temples.
When the only evidence to support the verdict of the jury which found the defendant guilty of burglary was the testimony of a co-conspirator and the results of a polygraph test, it was error not to grant the motion for a new trial on the general grounds.
It is well settled that the uncorroborated testimony of a co-conspirator is not sufficient to authorize a felony conviction. Code 38-121. See Wise v. State, 52 Ga. App. 98, 99 (182 SE2d 535).
Therefore, the only remaining issue is whether the results of the polygraph test are sufficient to corroborate the testimony of the lone co-conspirator. The question is answered in the negative. This is true even though the defendant consented to the test and agreed that its results be admitted in evidence. In Cagle v. State, 132 Ga. App. 227, 229 (207 SE2d 703), it was held that the results of a polygraph test were not admissible in evidence. Following the reasoning of the Cagle case and others on this subject (Johnson v. Aetna Ins. Co., 124 Ga. App. 112, 113 (183 SE2d 85); Salisbury v. State, 221 Ga. 718 (4) (146 SE2d 776)), we have concluded and 50 rule that the results of a polygraph test are not only inadmissible but also have no probative value.
Samuel J. Brantley, District Attorney, for appellee.
Donald G. Loggins, for appellant.
SUBMITTED JANUARY 9, 1975 -- DECIDED FEBRUARY 25, 1975.
Friday May 22 10:07 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com