2021 Georgia Code
Title 5 - Appeal and Error
Chapter 5 - New Trial
Article 2 - Grounds
§ 5-5-22. Illegal Admission or Exclusion of Evidence
The courts may grant new trials in all cases when any material evidence may be illegally admitted to or illegally withheld from the jury over the objection of the movant.
(Ga. L. 1853-54, p. 46, § 1; Code 1863, § 3638; Code 1868, § 3663; Code 1873, § 3714; Code 1882, § 3714; Civil Code 1895, § 5478; Penal Code 1895, § 1059; Civil Code 1910, § 6083; Penal Code 1910, § 1086; Code 1933, § 70-203.)
Cross references.- Evidence generally, T. 24.
Law reviews.- For article, "A Discussion of the 1957 Amendments to Rules of Practice and Procedure in Georgia," see 19 Ga. B.J. 395 (1957).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Admission Over Objection
- Erroneous Exclusion of Evidence
- Objection
- Content of Motion
RESEARCH REFERENCES
Am. Jur. 2d.
- 58 Am. Jur. 2d, New Trial, §§ 234, 235, 345.
C.J.S.- 23 C.J.S., Criminal Law, §§ 1948, 1949. 66 C.J.S., New Trial, § 63 et seq.
ALR.
- Statement by prosecuting attorney in presence of jury implying that defendant had made incriminating statements to him not in evidence, as ground of reversal or new trial, 52 A.L.R. 1022.
Instruction or evidence as to conspiracy where there is no charge of conspiracy in indictment or information, 66 A.L.R. 1311.
Reception of incompetent evidence in criminal case tried to court without jury as ground of reversal, 116 A.L.R. 558.
Statements, comments, or conduct of court or counsel regarding perjury, as ground for new trial or reversal in civil action or criminal prosecution other than for perjury, 127 A.L.R. 1385.
Statements by a witness after criminal trial tending to show that his testimony was perjured, as ground for new trial, 158 A.L.R. 1062.
Reference by counsel for prosecution in opening statement to matters which he does not later attempt to prove as ground for new trial, reversal, or modification, 28 A.L.R.2d 972.
Prejudicial effect of argument or remark that adversary was attempting to suppress facts, 29 A.L.R.2d 996.
Prejudicial effect of admission, in personal injury action, of evidence as to financial or domestic circumstances of plaintiff, 59 A.L.R.2d 371.
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.
Propriety and prejudicial effect of prosecutor's remarks as to victim's age, family circumstances, or the like, 50 A.L.R.3d 8.
Prosecutor's reference in opening statement to matters not provable or which he does not attempt to prove as ground for relief, 16 A.L.R.4th 810.
Search conducted by school official or teacher as violation of fourth amendment or equivalent state constitutional provision, 31 A.L.R.5th 229.
