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General character of parties and especially their conduct in other transactions are irrelevant matters unless the nature of the action involves such character and renders necessary or proper the investigation of such conduct.
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44, 179 S.E.2d 266 (1970) (decided under former Code 1933, § 38-202).Įvidence regarding the character of a defendant is generally inadmissible unless the defendant puts defendant's character in issue, and evidence of independent offenses committed by a defendant is generally inadmissible due to the inherently prejudicial nature and minimal probative value of the evidence. Evidence as to character is irrelevant and inadmissible unless the evidence is used to show the character of the witness for veracity, or intended specifically to be used in the impeachment of witnesses for bad character, or equally to rebut an attempt at impeachment by a showing of good character. Admissibility of character evidence depends upon the general reputation of the person in the community, not what the witness knows personally about the subject. Character evidence restricted to general reputation. Character in legal parlance has the same meaning as reputation that is, what one's fellows say about one. § 24-4-413(a) is the more specific statute regarding admission of prior acts of child molestation and is, therefore, controlling over O.C.G.A. § 24-4-413(a) supersede the provisions of O.C.G.A.
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§ 24-2-2 are included in the annotations for this Code section.Ĭonstruction with O.C.G.A. In light of the similarity of the statutory provisions, decisions under former Code 1863, § 3680, former Code 1868, § 3704, former Code 1873, § 3757, former Code 1882, § 3757, former Civil Code 1895, § 5159, former Penal Code 1895, § 993, former Civil Code 1910, § 5745, former Penal Code 1910, § 1019, former Code 1933, § 38-202, and former O.C.G.A. For note discussing res gestae, see 3 Ga. For annual survey on evidence, see 71 Mercer L. For annual survey on evidence, see 70 Mercer L. For article, "Legitimizing Character Evidence," see 68 Emory L.J. For annual survey on evidence law, see 69 Mercer L. For annual survey on evidence law, see 68 Mercer L. For annual survey on criminal law, see 68 Mercer L.
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For annual survey of evidence law, see 67 Mercer L. For annual survey on evidence law, see 66 Mercer L. For annual survey of law on evidence, see 62 Mercer L. For article, "Admissibility of Evidence of a Party's Prior Intemperate Habits on the Issue of Intoxication at the Time of An Accident," see 17 Mercer L. Notice of prosecution's intent to present evidence of similar transactions, Ga. Character evidence crimes or other acts, Fed. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith.Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6-608, and 24-6-609.Subject to the limitations imposed by Code Section 24-4-412, evidence of a pertinent trait of character of the alleged victim of the crime offered by an accused or by the prosecution to rebut the same or evidence of a character trait of peacefulness of the alleged victim offered by the prosecution in a homicide case to rebut evidence that the alleged victim was the first aggressor or.Evidence of a pertinent trait of character offered by an accused or by the prosecution to rebut the same or if evidence of a trait of character of the alleged victim of the crime is offered by an accused and admitted under paragraph (2) of this subsection, evidence of the same trait of character of the accused offered by the prosecution.Evidence of a person's character or a trait of character shall not be admissible for the purpose of proving action in conformity therewith on a particular occasion, except for:.