2021 Georgia Code
Title 24 - Evidence
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes

1. 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:
   1. 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;
   2. 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
   3. Evidence of the character of a witness, as provided in Code Sections 24-6-607, 24-6-608, and 24-6-609.
2. 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. 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. 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. 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.

(Code 1981, §24-4-404, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- Character evidence; crimes or other acts, Fed. R. Evid. 404.

Notice of prosecution's intent to present evidence of similar transactions, Ga. S. Ct. R. 31.3.

- 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. Rev. 347 (1966). For annual survey of law on evidence, see 62 Mercer L. Rev. 125 (2010). For annual survey on evidence law, see 66 Mercer L. Rev. 81 (2014). For annual survey of evidence law, see 67 Mercer L. Rev. 63 (2015). For annual survey on criminal law, see 68 Mercer L. Rev. 93 (2016). For annual survey on evidence law, see 68 Mercer L. Rev. 1019 (2017). For annual survey on evidence law, see 69 Mercer L. Rev. 101 (2017). For article, "Legitimizing Character Evidence," see 68 Emory L.J. 443 (2019). For annual survey on evidence, see 70 Mercer L. Rev. 1023 (2019). For annual survey on evidence, see 71 Mercer L. Rev. 103 (2019). For article, "Character Evidence in the Civil Setting," see 26 Ga. St. B.J. 20 (Dec. 2020). For note discussing res gestae, see 3 Ga. B.J. 69 (1940).

ANALYSIS

• General Consideration
• Civil Cases
• Criminal Cases
• a. Assault, Battery, and Homicide Crimes
• b. Robbery, Burglary, and Theft Crimes
• c. Controlled Substances
• d. Miscellaneous Crimes

RESEARCH REFERENCES

Am. Jur. 2d.

- 29 Am. Jur. 2d, Evidence, § 368 et seq.

- 32 C.J.S., Evidence, §§ 568 et seq., 776 et seq.

- Propriety of instructions as to the significance of evidence concerning the defendant's good character as an element bearing upon the question of reasonable doubt, 10 A.L.R. 8; 68 A.L.R. 1068.

Habit, custom, or reputation of one injured or killed as evidence of his own negligence or freedom from negligence, 15 A.L.R. 125; 18 A.L.R. 1109.

Admissibility of evidence of good reputation for truth and veracity of witness who has not been impeached, 15 A.L.R. 1065; 33 A.L.R. 1220.

Admissibility of evidence of other offenses in criminal prosecution to prove identity of defendant, 22 A.L.R. 1016; 27 A.L.R. 357; 63 A.L.R. 602.

Evidence of other forgeries or alterations on issue as to forgery or alteration in civil cases, 33 A.L.R. 427.

Admissibility of evidence as to other's character or reputation for turbulence on question of self-defense by one charged with assault or homicide, 64 A.L.R. 1029; 1 A.L.R.3d 571.

Admissibility on question of justification for dismissal or discharge of officer or employee for incompetency, of evidence as to his experience in other similar office or employment, 65 A.L.R. 1096.

Admissibility on question as to quality, condition, or capacity of articles, machines, or apparatus, of evidence in regard to similar things manufactured or sold by the same person, 66 A.L.R. 81.

Admissibility of parol evidence as to proceedings at meetings of stockholders or directors of private corporations or associations, 66 A.L.R. 1328; 48 A.L.R.2d 1259.

Negative proof of good character or reputation of defendant in criminal case, 67 A.L.R. 1210.

Admissions of partner as to past transactions or events as evidence against firm or other partner, 73 A.L.R. 447.

Admissibility of evidence of good character of party for truth and honesty on issue of fraud in civil action, 78 A.L.R. 643.

Admissibility to establish fraudulent purpose or intent, in prosecution for obtaining or attempting to obtain money or property by false pretenses, of evidence of similar attempts on other occasions, 80 A.L.R. 1306; 78 A.L.R.2d 1359.

Admissibility of evidence of other accidents on issue of negligence in respect of maintenance of electric wires, rails, etc., 81 A.L.R. 685.

Admissibility, in prosecution for violation of intoxicating liquor law, of general reputation of person with whom defendant had dealings, as tending to show such violation, 83 A.L.R. 1401.

Admissibility, in prosecution for receiving stolen property, of evidence of transactions other than, but similar to, that upon which the prosecution is based, for purpose of showing guilty knowledge or intent, 105 A.L.R. 1288.

Admissibility of evidence of reputation on issue of mental condition, or testamentary or contractual incapacity or capacity, 105 A.L.R. 1443.

Admissibility of evidence in a bastardy proceeding of defendant's reputation or character as to chastity and morality, 110 A.L.R. 335.

Admissibility on issue of self-defense (or defense of another), on prosecution for homicide or assault, of evidence of specific acts of violence by deceased, or person assaulted, against others than defendant, 121 A.L.R. 380.

Admissibility in criminal prosecution of evidence of notice of one other than defendant to commit the crime, 121 A.L.R. 1362.

Admissibility against defendant in criminal case of evidence, otherwise competent, as to other offense as affected by fact that a charge for such offense is pending against him, 125 A.L.R. 1036.

Admissibility, in action against manufacturer, packer, or bottler for personal injury due to defective or injurious condition of article, of evidence that like products were free from, or were subject to, defective or injurious conditions, 127 A.L.R. 1194.

Admissibility, on cross-examination or otherwise, of evidence that witness in a civil action had been under arrest, indictment, or other criminal accusation on a charge growing out of the accident, transaction, or occurrence involved in the civil action, 149 A.L.R. 935.

Admissibility of evidence of character or reputation of party in civil action for assault (other than for purpose of impeaching him as a witness), 154 A.L.R. 121.

Motive in bringing action or choosing the forum or venue as proper matter for cross-examination, 157 A.L.R. 604.

Admissibility, in prosecution for sexual offense, of evidence of other similar offenses, 167 A.L.R. 565; 77 A.L.R.2d 841; 2 A.L.R.4th 330.

Admissibility and probative force, on issue of competency to execute an instrument, of evidence of incompetency at other times, 168 A.L.R. 969.

Admissibility in criminal case of evidence relevant to the crime charged, as affected by incidental disclosure of another crime by defendant, 170 A.L.R. 306.

Admissibility, in negligence action against bank by depositor, of evidence as to custom of banks in locality in handling and dealing with checks and other items involved, 8 A.L.R.2d 446.

Admissibility of evidence as to financial condition of debtor on issue as to payment of debt, 9 A.L.R.2d 205.

Admissibility and effect of evidence or comment on party's military service or lack thereof, 9 A.L.R.2d 606; 24 A.L.R.6th 747.

Admissibility, in prosecution based on abortion, of evidence of commission of similar crimes by accused, 15 A.L.R.2d 1080.

Admissibility of evidence that defendant in negligence action has paid third persons on claims arising from the same transaction or incident as plaintiff's claim, 20 A.L.R.2d 304.

Admissibility, in civil motor vehicle accident case, of evidence that driver was or was not involved in previous accidents, 20 A.L.R.2d 1210.

Cross-examination of automobile driver in civil action with respect to arrest or conviction for previous traffic offenses, 20 A.L.R.2d 1217; 88 A.L.R.3d 74.

Impeachment of witness by evidence or inquiry as to arrest, accusation, or prosecution, 20 A.L.R.2d 1421.

Admissibility of evidence of unperformed compromise agreement, 26 A.L.R.2d 858.

Admissibility in homicide prosecution for purpose of showing motive of evidence as to insurance policies on life of deceased naming accused as beneficiary, 28 A.L.R.2d 857.

Prejudicial effect of admission of evidence as to Communist or other subversive affiliation or association of accused, 30 A.L.R.2d 589.

Pardon as affecting impeachment by proof of conviction of crime, 30 A.L.R.2d 893.

Admissibility, in forgery prosecution, of other acts of forgery, 34 A.L.R.2d 777.

Admissibility, in prosecution for illegal sale of intoxicating liquor, of other sales, 40 A.L.R.2d 817.

Admissibility, in robbery prosecution, of evidence of other robberies, 42 A.L.R.2d 854.

Admissibility of evidence of absence of other accidents or injuries from a customary practice or method asserted to be negligent, 42 A.L.R.2d 1055.

Admissibility, in action involving motor vehicle accident, of evidence as to manner in which participant was driving before reaching scene of accident, 46 A.L.R.2d 9.

Admissibility of evidence showing plaintiff's antecedent intemperate habits, in personal injury motor vehicle accident action, 46 A.L.R.2d 103.

Admissibility of evidence of precautions taken, or safety measures used, on earlier occasions at place of accident or injury, 59 A.L.R.2d 1379.

Admissibility, in prosecution for gambling or gaming offense, of evidence of other acts of gambling, 64 A.L.R.2d 823.

Admissibility, in civil assault and battery action, of similar acts or assaults against other persons, 66 A.L.R.2d 806.

Admissibility, in prosecution for maintaining liquor nuisance, or evidence of general reputation of premises, 68 A.L.R.2d 1300.

Admissibility, in prosecution for criminal burning of property, or for maintaining fire hazard, of evidence of other fires, 87 A.L.R.2d 891.

Admissibility, in prosecution for assault or similar offense involving physical violence, of extent or effect of victim's injuries, 87 A.L.R.2d 926.

Admissibility of evidence of accused's good reputation as affected by remoteness of time to which it relates, 87 A.L.R.2d 968.

Admissibility on behalf of accused of evidence of similar acts or transactions tending to rebut fraudulent intent, 90 A.L.R.2d 903.

Admissibility, in prosecution for illegal sale of narcotics, of evidence of other sales, 93 A.L.R.2d 1097.

Admissibility of evidence of uncommunicated threats on issue of self-defense in prosecution for homicide, 98 A.L.R.2d 6.

Effect of prosecuting attorney asking defense witness other than accused as to prior convictions where he is not prepared to offer documentary proof in event of denial, 3 A.L.R.3d 965.

Impeachment of witness with respect to intoxication, 8 A.L.R.3d 749.

Propriety and prejudicial effect of trial court's limiting number of character or reputation witnesses, 17 A.L.R.3d 327.

Propriety of cross-examining witness as to illicit relations with defendant in criminal case, 25 A.L.R.3d 537.

Admissibility of evidence of habit, customary behavior, or reputation as to care of motor vehicle driver or occupant, on question of his care at time of occurrence giving rise to his injury or death, 29 A.L.R.3d 791.

Malpractice: admissibility of evidence that defendant physician has previously performed unnecessary operations, 33 A.L.R.3d 1056.

Propriety and prejudicial effect of prosecutor's remarks as to victim's age, family circumstances, or the like, 50 A.L.R.3d 8.

Prejudicial effect of prosecutor's reference in argument to homosexual acts or tendencies of accused which are not material to his commission of offense charged, 54 A.L.R.3d 897.

Admissibility, in disputed paternity proceedings, of evidence to rebut mother's claim of prior chastity, 59 A.L.R.3d 659.

Admissibility, in action against notary public, of evidence as to usual business practice of notary public of identifying person seeking certificate of acknowledgment, 59 A.L.R.3d 1327.

Admissibility of evidence of other offenses in rebuttal of defense of entrapment, 61 A.L.R.3d 293.

Admissibility of evidence of subsequent repairs or other remedial measures in products liability cases, 74 A.L.R.3d 1001; 38 A.L.R.4th 583.

Admissibility in criminal case, on issue of defendant's guilt, of evidence that third person has attempted to influence a witness not to testify or to testify falsely, 79 A.L.R.3d 1156.

Admissibility of testimony as to general reputation at place of employment, 82 A.L.R.3d 525.

Accused's right to discovery or inspection of records of prior complaints against, or similar personnel records of, peace officer involved in the case, 86 A.L.R.3d 1170.

Admissibility of evidence of, or propriety of comment as to, plaintiff spouse's remarriage, or possibility thereof, in action for damages for death of other spouse, 88 A.L.R.3d 926.

Admissibility of evidence of character or reputation of party in civil action for assault on issues other than impeachment, 91 A.L.R.3d 718.

Spouse's confession of adultery as affecting degree of homicide involved in killing spouse or his or her paramour, 93 A.L.R.3d 925.

Use of unrelated misdemeanor conviction (other than for traffic offense) to impeach general credibility of witness in state civil case, 97 A.L.R.3d 1150.

Admissibility of evidence of character or reputation of party in civil action for sexual assault on issues other than impeachment, 100 A.L.R.3d 569.

Admissibility of evidence of accused's drug addiction or use to show motive for theft of property other than drugs, 2 A.L.R.4th 1298.

Admissibility and effect, on issue of party's credibility or merits of his case, of evidence of attempts to intimidate or influence witness in civil action, 4 A.L.R.4th 829.

Admissibility of evidence of accused's membership in gang, 39 A.L.R.4th 775.

Admissibility at criminal prosecution of expert testimony on battering parent syndrome, 43 A.L.R.4th 1203.

Products liability: admissibility of evidence of absence of other accidents, 51 A.L.R.4th 1186.

Habit or routine practice evidence under Uniform Evidence Rule 406, 64 A.L.R.4th 567.

Admissibility of evidence in homicide case that victim was threatened by other than defendant, 11 A.L.R.5th 831.

Ineffective assistance of counsel: battered spouse syndrome as defense to homicide or other criminal offense, 11 A.L.R.5th 871.

Admissibility and prejudicial effect of evidence, in criminal prosecution, of defendant's involvement with witchcraft, satanism, or the like, 18 A.L.R.5th 804.

Admissibility of evidence of commission of similar crime by one other than accused, 22 A.L.R.5th 1.

Admissibility of evidence relating to accused's attempt to commit suicide, 73 A.L.R.5th 615.

Application of "doctrine of chances" in homicide, sexual crimes, and other offenses against the person, 11 A.L.R.7th 1.

Application of "doctrine of chances" in criminal offenses against property, 11 A.L.R.7th 2.